Translate
- Illinois Pension Code. - Full Text
Back To Article Listing
Printer Friendly
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
(40 ILCS 5/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS:
SHORT TITLE, EFFECT OF CODE AND OTHER PROVISIONS
|
(40 ILCS 5/1-101) (from Ch. 108 1/2, par. 1-101)
Sec. 1-101.
Short title.
This Code shall be known and may be cited as the Illinois Pension Code.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/1-101.1) (from Ch. 108 1/2, par. 1-101.1)
Sec. 1-101.1.
Definitions.
For purposes of this Article, unless the context
otherwise requires, the words defined in the Sections following this Section
and preceding Section 1-102 shall have meanings given in those Sections.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-101.2)
Sec. 1-101.2. Fiduciary. A person is a "fiduciary" with respect to a
pension fund or retirement system established under this Code to the extent
that the person:
(1) exercises any discretionary authority or | ||
| ||
(2) renders investment advice or renders advice on | ||
| ||
(3) has any discretionary authority or discretionary | ||
| ||
(Source: P.A. 96-6, eff. 4-3-09.)
|
(40 ILCS 5/1-101.3)
Sec. 1-101.3.
Party in interest.
A person is a "party in interest" with
respect to a pension fund or retirement system established under this Code if
the person is:
(1) a fiduciary, counsel, or employee of the pension | ||
| ||
(2) a person providing services to the pension fund | ||
| ||
(3) an employer, any of whose employees are covered | ||
| ||
(4) an employee organization, any members of which | ||
| ||
(5) an employee, officer, or director (or an | ||
| ||
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-101.4)
Sec. 1-101.4.
Investment adviser.
A person is an "investment adviser",
"investment advisor", or "investment manager" with respect to a pension fund or
retirement system established under this Code if the person:
(1) is a fiduciary appointed by the board of trustees | ||
| ||
(2) has the power to manage, acquire, or dispose of | ||
| ||
(3) has acknowledged in writing that he or she is a | ||
| ||
(4) is at least one of the following: (i) registered | ||
| ||
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-101.5)
Sec. 1-101.5. Consultant. "Consultant" means any person or entity retained or employed by the board of a retirement system, pension fund, or investment board to make recommendations in developing an investment strategy, assist with finding appropriate investment advisers, or monitor the board's investments. "Consultant" does not include non-investment related professionals or professionals offering services that are not directly related to the investment of assets, such as legal counsel, actuary, proxy-voting services, services used to track compliance with legal standards, and investment fund of funds where the board has no direct contractual relationship with the investment advisers or partnerships. "Investment adviser" has the meaning ascribed to it in Section 1-101.4.
(Source: P.A. 96-6, eff. 4-3-09.) |
(40 ILCS 5/1-101.6) Sec. 1-101.6. Transferor pension fund. "Transferor pension fund" means any pension fund established pursuant to Article 3 or 4 of this Code.
(Source: P.A. 101-610, eff. 1-1-20.) |
(40 ILCS 5/1-102) (from Ch. 108 1/2, par. 1-102)
Sec. 1-102.
Continuation of prior statutes.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a Section of such an Act, which is continued in this Code,
such reference shall be held to refer to the Act or Section thereof so
continued in this Code.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/1-103) (from Ch. 108 1/2, par. 1-103)
Sec. 1-103.
Effect of headings.
Article, Division and Section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any Article, Division or Section hereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/1-103.1) (from Ch. 108 1/2, par. 1-103.1)
Sec. 1-103.1.
Application of amendments.
Amendments to this Code which have been or may be enacted shall be
applicable only to persons who, on or after the effective date thereof, are
in service as an employee under the retirement system or pension fund
covered by the Article which is amended, unless the amendatory Act
specifies otherwise.
(Source: P.A. 77-1415.)
|
(40 ILCS 5/1-103.2) (from Ch. 108 1/2, par. 1-103.2)
Sec. 1-103.2.
The amendatory provisions of this amendatory Act of 1987
which provide for benefit increases effective July 1, 1987 or January 1,
1988 are intended to be retroactive to the dates specified therein,
notwithstanding the provisions of Section 1-103.1.
(Source: P.A. 85-941.)
|
(40 ILCS 5/1-103.3)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 1-103.3. Application of 1994 amendment; funding standard.
(a) The provisions of Public Act 88-593 that change the method of
calculating, certifying, and paying the required State contributions to the
retirement systems established under Articles 2, 14, 15, 16, and 18 shall
first apply to the State contributions required for State fiscal year 1996.
(b) (Blank).
(c) Every 5 years, beginning in 1999, the Commission on Government Forecasting and Accountability, in consultation with the affected retirement systems and the
Governor's Office of Management and Budget (formerly
Bureau
of the Budget), shall consider and determine whether the funding goals
adopted in Articles 2, 14, 15, 16, and 18 of this Code continue to represent appropriate funding goals for
those retirement systems, and it shall report its findings
and recommendations on this subject to the Governor and the General Assembly.
(Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 1-103.3. Application of 1994 amendment; funding standard.
(a) The provisions of this amendatory Act of 1994 that change the method of
calculating, certifying, and paying the required State contributions to the
retirement systems established under Articles 2, 14, 15, 16, and 18 shall
first apply to the State contributions required for State fiscal year 1996.
(b) The General Assembly declares that a funding ratio (the ratio of a
retirement system's total assets to its total actuarial liabilities) of 90% is
an appropriate goal for State-funded retirement systems in Illinois, and it
finds that a funding ratio of 90% is now the generally-recognized norm
throughout the nation for public employee retirement systems that are
considered to be financially secure and funded in an appropriate and
responsible manner.
(c) Every 5 years, beginning in 1999, the Commission on Government Forecasting and Accountability, in consultation with the affected retirement systems and the
Governor's Office of Management and Budget (formerly
Bureau
of the Budget), shall consider and determine whether the 90% funding ratio
adopted in subsection (b) continues to represent an appropriate goal for
State-funded retirement systems in Illinois, and it shall report its findings
and recommendations on this subject to the Governor and the General Assembly.
(Source: P.A. 93-1067, eff. 1-15-05.)
|
(40 ILCS 5/1-104) (from Ch. 108 1/2, par. 1-104)
Sec. 1-104.
Cross references.
Where, in this Code, reference is made to a Section, Division or Article
by its number and no Act is specified, the reference is to the
correspondingly numbered Section, Division or Article of this Code. Where
reference is made to "this Article" or "this Division" or "this Section"
and no Act is specified, the reference is to the Article, Division or
Section of this Code in which the reference appears. If any Section,
Division or Article of this Code is hereafter amended, the reference shall
thereafter be treated and considered as a reference to the Section,
Division or Article as so amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/1-104.1) (from Ch. 108 1/2, par. 1-104.1)
Sec. 1-104.1.
Gender.
Words or phrases as used in this Code that import the masculine gender
shall be construed to import also the feminine gender, unless such
construction would be inconsistent with the manifest intention of the
context.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/1-104.2) (from Ch. 108 1/2, par. 1-104.2)
Sec. 1-104.2. Beginning January 1, 1986, children not conceived in
lawful wedlock shall be entitled to the same benefits as other children,
and no child's or survivor's benefit shall be disallowed because of the fact that the child was born out of wedlock; however, in cases where the father is the
employee
parent, paternity must first be established. Paternity may be
established by any one of the following means: (1) acknowledgment by the
father, or (2) adjudication before or after the death of the father, or (3)
any other means acceptable to the board of trustees of the pension fund or
retirement system.
(Source: P.A. 94-229, eff. 1-1-06.)
|
(40 ILCS 5/1-104.3)
Sec. 1-104.3. Adopted children. Notwithstanding any other provision of this Code to the contrary, beginning on the effective date of this amendatory Act of the 95th General Assembly, legally adopted children shall be entitled to the same benefits as other children, and no child's or survivor's benefit shall be disallowed because the child is an adopted child. The provisions of this Section apply without regard to whether the employee or member was in service on or after the date of the adoption of the child.
(Source: P.A. 95-279, eff. 1-1-08.) |
(40 ILCS 5/1-105) (from Ch. 108 1/2, par. 1-105)
Sec. 1-105.
Partial invalidity.
The invalidity of any provision of this Code shall not affect the
validity of the remainder of this Code.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/1-106) (from Ch. 108 1/2, par. 1-106)
Sec. 1-106. Payment of distribution other than direct.
(a) The board of trustees of any retirement fund or system operating
under this Code may, at the written direction and request of any annuitant,
solely as an accommodation to the annuitant, pay the annuity
due the annuitant to a bank, savings and loan association,
or any other financial institution insured by an agency of the federal
government, for deposit to the account of the annuitant, or to a bank,
savings and loan association, or trust company for deposit in a trust
established by the annuitant for his or her benefit with that bank, savings and
loan association, or trust company. The annuitant may withdraw the direction
at any time.
(b) Beginning January 1, 1993, each pension fund or retirement system
operating under this Code may, and to the extent required by federal law
shall, at the request of any person entitled to receive a refund, lump-sum
benefit, or other nonperiodic distribution from the pension fund or retirement
system, pay the distribution directly to any entity
that (1) is designated in writing by the person, (2) is qualified under federal
law to accept an eligible rollover distribution from a qualified plan, and (3)
has agreed to accept the distribution.
(Source: P.A. 96-586, eff. 8-18-09.)
|
(40 ILCS 5/1-107) (from Ch. 108 1/2, par. 1-107) Sec. 1-107. Indemnification of trustees, consultants, and employees of retirement systems and pension funds. Every retirement system, pension fund, or other system or fund established under this Code shall indemnify and protect the trustees and staff against all damage claims and suits, including the defense thereof, when damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment or under the direction of the trustees. Every retirement system, pension fund, or other system or fund established under this Code may indemnify and protect its consultants against all damage claims and suits, including the defense thereof, when damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment or under the direction of the trustees. However, the trustees, staff, and consultants shall not be indemnified for willful misconduct and gross negligence. Each board is authorized to insure against loss or liability of the trustees, staff and consultants which may result from these damage claims. This insurance shall be carried in a company which is licensed to write such coverage in this State.(Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/1-108) (from Ch. 108 1/2, par. 1-108)
Sec. 1-108.
(a) In any proceeding commenced against an employee of a pension
fund, alleging a civil wrong arising out of any act or omission occurring
within the scope of the employee's pension fund employment, unless the court
or the jury finds that the conduct which gave rise to the claim was intentional,
wilful or wanton misconduct, the pension fund shall indemnify the employee
for any damages awarded and court costs and attorneys' fees assessed as
part of any final and unreversed judgment and any attorneys' fees, court
costs and litigation expenses incurred by the employee in defending the
claim. In any such proceeding if a majority of the board or trustees who
are not a party to the action determine that the conduct which gave rise
to the claim was not intentional, wilful or wanton misconduct, the board
or trustees may agree to settlement of the proceeding and the pension fund
shall indemnify the employee for any damages, court costs and attorneys'
fees agreed to as part of the settlement and any attorneys' fees, court
costs and litigation expenses incurred in defending the claim.
(b) No employee of a pension fund shall be entitled to indemnification
under this Section unless within 15 days after receipt by the employee of
service of process, he shall give written notice of such proceeding to the pension fund.
(c) Each pension fund may insure against loss or liability of employees
which may arise as a result of these claims. This insurance shall be carried
by a company authorized to provide such coverage in this State.
(d) Nothing contained or implied in this Section shall operate, or be
construed or applied, to deprive the State or a pension fund, or any other
employee thereof, of any immunity or any defense heretofore available.
(e) This Section shall apply regardless of whether the employee is sued
in his or her individual or official capacity.
(f) This Section shall not apply to claims for bodily injury or damage
to property arising from motor vehicle crashes.
(g) This Section shall apply to all proceedings filed on or after its
effective date, and to any proceeding pending on its effective date, if
the pension fund employee gives notice to the pension fund within 30 days
of the Act's effective date.
(Source: P.A. 102-982, eff. 7-1-23.)
|
(40 ILCS 5/1-109) (from Ch. 108 1/2, par. 1-109)
Sec. 1-109. Duties of fiduciaries. A fiduciary with
respect to a retirement system or pension fund established
under this Code shall discharge his or her duties with respect to the
retirement system or pension fund solely in the interest of the participants
and beneficiaries and:
(a) for the exclusive purpose of:
(1) providing benefits to participants and their | ||
| ||
(2) defraying reasonable expenses of | ||
| ||
(b) with the care, skill, prudence and diligence | ||
| ||
(c) by diversifying the investments of the retirement | ||
| ||
(d) in accordance with the provisions of the Article | ||
| ||
(Source: P.A. 102-558, eff. 8-20-21; 103-464, eff. 8-4-23.)
|
(40 ILCS 5/1-109.1) (from Ch. 108 1/2, par. 1-109.1)
Sec. 1-109.1. Allocation and delegation of fiduciary duties.
(1) Subject to the provisions of Section 22A-113 of this Code and
subsections (2) and (3) of this Section, the board of trustees of a
retirement system or pension fund established under this Code may:
(a) Appoint one or more investment managers as | ||
| ||
(b) Allocate duties among themselves and designate | ||
| ||
(2) The board of trustees of a pension fund established under Article 5, 6,
8, 9, 10, 11, 12 or 17 of this Code may not transfer its investment authority,
nor transfer the assets of the fund to any other person or entity for the
purpose of consolidating or merging its assets and management with any other
pension fund or public investment authority, unless the board resolution
authorizing such transfer is submitted for approval to the contributors and
pensioners of the fund at elections held not less than 30 days after the
adoption of such resolution by the board, and such resolution is approved by a
majority of the votes cast on the question in both the contributors election
and the pensioners election. The election procedures and qualifications
governing the election of trustees shall govern the submission of resolutions
for approval under this paragraph, insofar as they may be made applicable.
(3) Pursuant to subsections (h) and (i) of Section 6 of Article VII of
the Illinois Constitution, the investment authority of boards of trustees
of retirement systems and pension funds established under this Code is declared
to be a subject of exclusive State jurisdiction, and the concurrent exercise
by a home rule unit of any power affecting such investment authority is
hereby specifically denied and preempted.
(4) For the purposes of this Code, "emerging investment manager" means a
qualified investment adviser that manages an investment portfolio of at
least $10,000,000 but less than $10,000,000,000 and is a
"minority-owned business", "women-owned business" or "business owned by a person with a disability" as those terms are
defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
It is hereby declared to be the public policy of the State of Illinois to
encourage the trustees of public employee retirement systems, pension funds, and investment boards
to use emerging investment managers in managing their system's assets, encompassing all asset classes, and increase the racial, ethnic, and gender diversity of its fiduciaries, to the
greatest extent feasible within the bounds of financial and fiduciary
prudence, and to take affirmative steps to remove any barriers to the full
participation in investment opportunities
afforded by those retirement systems, pension funds, and investment boards.
On or before January 1, 2010, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall adopt a policy that sets forth goals for utilization of emerging investment managers. This policy shall include quantifiable goals for the management of assets in specific asset classes by emerging investment managers. The retirement system, pension fund, or investment board shall establish 3 separate goals for: (i) emerging investment managers that are minority-owned businesses; (ii) emerging investment managers that are women-owned businesses; and (iii) emerging investment managers that are businesses owned by a person with a disability. The goals established shall be based on the percentage of total dollar amount of investment service contracts let to minority-owned businesses, women-owned businesses, and businesses owned by a person with a disability, as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. The retirement system, pension fund, or investment board shall annually review the goals established under this subsection. If in any case an emerging investment manager meets the criteria established by a board for a specific search and meets the criteria established by a consultant for that search, then that emerging investment manager shall receive an invitation by the board of trustees, or an investment committee of the board of trustees, to present his or her firm for final consideration of a contract. In the case where multiple emerging investment managers meet the criteria of this Section, the staff may choose the most qualified firm or firms to present to the board.
The use of an emerging investment manager does not constitute a transfer
of investment authority for the purposes of subsection (2) of this Section.
(5) Each retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall establish a policy that sets forth goals for increasing the racial, ethnic, and gender diversity of its fiduciaries, including its consultants and senior staff. Each retirement system, pension fund, or
investment board shall make its best efforts to ensure that
the racial and ethnic makeup of its senior administrative
staff represents the racial and ethnic makeup of its
membership. Each system, fund, and investment board shall annually review the goals established under this subsection. (6) On or before January 1, 2010, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall adopt a policy that sets forth goals for utilization of businesses owned by minorities, women, and persons with disabilities for all contracts and services. The goals established shall be based on the percentage of total dollar amount of all contracts let to minority-owned businesses, women-owned businesses, and businesses owned by a person with a disability, as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. The retirement system, pension fund, or investment board shall annually review the goals established under this subsection. (7) On or before January 1, 2010, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall adopt a policy that sets forth goals for increasing the utilization of minority broker-dealers. For the purposes of this Code, "minority broker-dealer" means a qualified broker-dealer who meets the definition of "minority-owned business", "women-owned business", or "business owned by a person with a disability", as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. The retirement system, pension fund, or investment board shall annually review the goals established under this Section. (8) Each retirement system, pension fund, and investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall submit a report to the Governor and the General Assembly by January 1 of each year that includes the following: (i) the policy adopted under subsection (4) of this Section, including the names and addresses of the emerging investment managers used, percentage of the assets under the investment control of emerging investment managers for the 3 separate goals, and the actions it has undertaken to increase the use of emerging investment managers, including encouraging other investment managers to use emerging investment managers as subcontractors when the opportunity arises; (ii) the policy adopted under subsection (5) of this Section; (iii) the policy adopted under subsection (6) of this Section; (iv) the policy adopted under subsection (7) of this Section, including specific actions undertaken to increase the use of minority broker-dealers; and (v) the policy adopted under subsection (9) of this Section. (9) On or before February 1, 2015, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall adopt a policy that sets forth goals for increasing the utilization of minority investment managers. For the purposes of this Code, "minority investment manager" means a qualified investment manager that manages an investment portfolio and meets the definition of "minority-owned business", "women-owned business", or "business owned by a person with a disability", as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. It is hereby declared to be the public policy of the State of Illinois to
encourage the trustees of public employee retirement systems, pension funds, and investment boards
to use minority investment managers in managing their systems' assets, encompassing all asset classes, and to increase the racial, ethnic, and gender diversity of their fiduciaries, to the
greatest extent feasible within the bounds of financial and fiduciary
prudence, and to take affirmative steps to remove any barriers to the full
participation in investment opportunities
afforded by those retirement systems, pension funds, and investment boards. The retirement system, pension fund, or investment board shall establish 3 separate goals for: (i) minority investment managers that are minority-owned businesses; (ii) minority investment managers that are women-owned businesses; and (iii) minority investment managers that are businesses owned by a person with a disability. The retirement system, pension fund, or investment board shall annually review the goals established under this Section. If in any case a minority investment manager meets the criteria established by a board for a specific search and meets the criteria established by a consultant for that search, then that minority investment manager shall receive an invitation by the board of trustees, or an investment committee of the board of trustees, to present his or her firm for final consideration of a contract. In the case where multiple minority investment managers meet the criteria of this Section, the staff may choose the most qualified firm or firms to present to the board. The use of a minority investment manager does not constitute a transfer
of investment authority for the purposes of subsection (2) of this Section. (10) Beginning January 1, 2016, it shall be the aspirational goal for a retirement system, pension fund, or investment board subject to this Code to use emerging investment managers for not less than 20% of the total funds under management. Furthermore, it shall be the aspirational goal that not less than 20% of investment advisors be minorities, women, and persons with disabilities as those terms are defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. It shall be the aspirational goal to utilize businesses owned by minorities, women, and persons with disabilities for not less than 20% of contracts awarded for "information technology services", "accounting services", "insurance brokers", "architectural and engineering services", and "legal services" as those terms are defined in the Act. (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17; 100-902, eff. 8-17-18.)
|
(40 ILCS 5/1-109.2) (from Ch. 108 1/2, par. 1-109.2)
Sec. 1-109.2.
Extent of Cofiduciary Duties.
(a) (1) Except to the extent
otherwise required in subsection (b) of this Section, a fiduciary of a
retirement
system or pension fund to whom a specified duty has not been allocated shall
not be responsible or liable for an act or omission, in connection with
that duty, by the fiduciary to whom that duty has been allocated, except
to the extent that the allocation, or the continuation thereof, is a violation
of Section 1-109 of this Code. Nothing in this paragraph (1) shall be
construed
to relieve a fiduciary from responsibility or liability for any act by that
fiduciary.
(2) Except to the extent otherwise required in subsection (b) of this
Section a fiduciary shall not be responsible or liable for an act or omission,
in connection with a specific fiduciary activity, by any other person who
has been designated to carry out that fiduciary activity, except to the
extent that the designation, or the continuation thereof at any time under
the circumstances then prevailing, is a violation of Section 1-109 of this
Code. Nothing in this paragraph (2) shall be construed to relieve a fiduciary
from responsibility for any act by that fiduciary.
(b) With respect to any retirement system or pension fund established under this Code:
(1) Each trustee shall use reasonable care to prevent any other trustee
from committing a breach of duty; and
(2) Subject to the provisions of Section 22A-113 of this Code, all trustees
shall jointly manage and control the assets of the retirement system or pension fund.
Nothing in this subsection (b) shall be construed to attribute a duty to
a trustee which would be inconsistent with the appointment of, and delegation
of authority to, an investment manager in accordance with paragraph (a)
of Section 1-109.1 of this Code.
(Source: P.A. 82-960.)
|
(40 ILCS 5/1-109.3) Sec. 1-109.3. Training requirement for pension trustees. (a) All elected and appointed trustees under Article 3 and 4 of this Code must participate in a mandatory trustee certification training seminar that consists of at least 16 hours of initial trustee certification at a training facility that is accredited and affiliated with a State of Illinois certified college or university. This training must include without limitation all of the following: (1) Duties and liabilities of a fiduciary with | ||
| ||
(2) Adjudication of pension claims. (3) (Blank). (4) Trustee ethics. (5) The Illinois Open Meetings Act. (6) The Illinois Freedom of Information Act. The training required under this subsection (a) must be completed within the first year that a trustee is elected or appointed under an Article 3 or 4 pension fund. Any trustee who has completed the training required under Section 1.05 of the Open Meetings Act shall not be required to participate in training concerning item (5) of this subsection. The elected and appointed trustees of an Article 3 or 4 pension fund who are police officers (as defined in Section 3-106 of this Code) or firefighters (as defined in Section 4-106 of this Code) or are employed by the municipality shall be permitted time away from their duties to attend such training without reduction of accrued leave or benefit time. Active or appointed trustees serving on the effective date of this amendatory Act of the 96th General Assembly shall not be required to attend the training required under this subsection (a). (a-5) In addition to the initial trustee certification training required under subsection (a), all elected and appointed trustees who were elected or appointed on or before the effective date of this amendatory Act of the 101st General Assembly shall also participate in 4 hours of training on the changes made by this amendatory Act of the 101st General Assembly. For trustees of funds under Article 3, this training shall be conducted at a training facility that is accredited and affiliated with a State of Illinois certified college or university. For trustees of funds under Article 4, this training may be conducted by a fund, the Department of Insurance, or both a fund and the Department of Insurance. This training is only required to be completed once by each trustee required to participate. (b) In addition to the initial trustee certification training required under subsection (a), all elected and appointed trustees under Article 3 and 4 of this Code, including trustees serving on the effective date of this amendatory Act of the 96th General Assembly, shall also participate in a minimum of 8 hours of continuing trustee education each year after the first year that the trustee is elected or appointed. (c) The training required under this Section shall be paid for by the pension fund. (d) Any board member who does not timely complete the training required under this Section is not eligible to serve on the board of trustees of an Article 3 or 4 pension fund, unless the board member completes the missed training within 6 months after the date the member failed to complete the required training. In the event of a board member's failure to complete the required training, a successor shall be appointed or elected, as applicable, for the unexpired term. A successor who is elected under such circumstances must be elected at a special election called by the board and conducted in the same manner as a regular election under Article 3 or 4, as applicable.
(Source: P.A. 101-610, eff. 1-1-20.) |
(40 ILCS 5/1-109.5) Sec. 1-109.5. Prohibition on employment for board members. Except as otherwise provided in this Section and in accordance with Section 5-45 of the State Officials and Employees Ethics Act, no individual who is a board member of a pension fund, investment board, or retirement system may be employed by that pension fund, investment board, or retirement system at any time during his or her service and for a period of 12 months after he or she ceases to be a board member. If a senior administrative staff position becomes vacant and no executive member of the staff is willing to accept the position, an individual serving as a board member may temporarily serve as an interim member of the senior administrative staff of the fund under the following conditions: (1) the senior administrative staff position is | ||
| ||
(2) a majority of the board of trustees of the fund | ||
| ||
(3) the board-designated interim member of the senior | ||
| ||
(4) the board-designated interim member of the senior | ||
| ||
(5) the trustee vacates his or her position as a | ||
| ||
(Source: P.A. 102-603, eff. 1-1-22.) |
(40 ILCS 5/1-110) (from Ch. 108 1/2, par. 1-110)
Sec. 1-110. Prohibited Transactions.
(a) A fiduciary with respect to a retirement system, pension fund, or investment board shall
not cause the retirement system or pension fund to engage in a transaction if
he or she knows or should know that such transaction constitutes a direct or
indirect:
(1) Sale or exchange, or leasing of any property from | ||
| ||
(2) Lending of money or other extension of credit | ||
| ||
(3) Furnishing of goods, services or facilities from | ||
| ||
(4) Transfer to, or use by or for the benefit of, a | ||
| ||
(b) A fiduciary with respect to a retirement system or pension fund
established under this Code shall not:
(1) Deal with the assets of the retirement system or | ||
| ||
(2) In his individual or any other capacity act in | ||
| ||
(3) Receive any consideration for his own personal | ||
| ||
(c) Nothing in this Section shall be construed to prohibit any trustee from:
(1) Receiving any benefit to which he may be entitled | ||
| ||
(2) Receiving any reimbursement of expenses properly | ||
| ||
(3) Serving as a trustee in addition to being an | ||
| ||
(d) A fiduciary of a pension fund established under Article 3 or 4 shall
not knowingly cause or advise the pension fund to engage in an investment transaction when the fiduciary (i) has any direct interest in
the income, gains, or profits of the investment adviser through which the investment transaction is made or (ii) has a business relationship with that investment adviser that would result in a pecuniary benefit to the fiduciary as a result of the investment transaction. Violation of this subsection (d) is a Class 4 felony.
(e) A board member, employee, or consultant with respect to a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2, shall not knowingly cause or advise the retirement system, pension fund, or investment board to engage in an investment transaction with an investment adviser when the board member, employee, consultant, or their spouse (i) has any direct interest in the income, gains, or profits of the investment adviser through which the investment transaction is made or (ii) has a relationship with that investment adviser that would result in a pecuniary benefit to the board member, employee, or consultant or spouse of such board member, employee, or consultant as a result of the investment transaction. For purposes of this subsection (e), a consultant includes an employee or agent of a consulting firm who has greater than 7.5% ownership of the consulting firm. Violation of this subsection (e) is a Class 4 felony.(Source: P.A. 95-950, eff. 8-29-08; 96-6, eff. 4-3-09.)
|
(40 ILCS 5/1-110.5)
Sec. 1-110.5. (Repealed).
(Source: P.A. 94-79, eff. 1-27-06. Repealed by P.A. 95-521, eff. 8-28-07.)
|
(40 ILCS 5/1-110.6)
Sec. 1-110.6. Transactions prohibited by retirement systems; Republic of the Sudan. (a) The Government of the United States has determined that Sudan is a nation that sponsors terrorism and genocide. The General Assembly finds that acts of terrorism have caused injury and death to Illinois and United States residents who serve in the United States military, and pose a significant threat to safety and health in Illinois. The General Assembly finds that public employees and their families, including police officers and firefighters, are more likely than others to be affected by acts of terrorism. The General Assembly finds that Sudan continues to solicit investment and commercial activities by forbidden entities, including private market funds. The General Assembly finds that investments in forbidden entities are inherently and unduly risky, not in the interests of public pensioners and Illinois taxpayers, and against public policy. The General Assembly finds that Sudan's capacity to sponsor terrorism and genocide depends on or is supported by the activities of forbidden entities. The General Assembly further finds and re-affirms that the people of the State, acting through their representatives, do not want to be associated with forbidden entities, genocide, and terrorism.
(b) For purposes of this Section: "Business operations" means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce in the Republic of the Sudan, including the ownership or possession of real or personal property located in the Republic of the Sudan. "Certifying company" means a company that (1) directly provides asset management services or advice to a retirement system or (2) as directly authorized or requested by a retirement system (A) identifies particular investment options for consideration or approval; (B) chooses particular investment options; or (C) allocates particular amounts to be invested. If no company meets the criteria set forth in this paragraph, then "certifying company" shall mean the retirement system officer who, as designated by the board, executes the investment decisions made by the board, or, in the alternative, the company that the board authorizes to complete the certification as the agent of that officer.
"Company" is any entity capable of affecting commerce, including but not limited to (i) a government, government agency, natural person, legal person, sole proprietorship, partnership, firm, corporation, subsidiary, affiliate, franchisor, franchisee, joint venture, trade association, financial institution, utility, public franchise, provider of financial services, trust, or enterprise; and (ii) any association thereof. "Division" means the Public Pension Division of the Department of Insurance.
"Forbidden entity" means any of the following: (1) The government of the Republic of the Sudan and | ||
| ||
(2) Any company that is wholly or partially managed | ||
| ||
(3) Any company (i) that is established or organized | ||
| ||
(4) Any company (i) identified by the Office of | ||
| ||
(5) Any publicly traded company that is individually | ||
| ||
(6) Any private market fund that fails to satisfy the | ||
| ||
Notwithstanding the foregoing, the term "forbidden entity" shall exclude (A) mutual funds that meet the requirements of item (iii) of paragraph (13) of Section 1-113.2 and (B) companies that transact business in the Republic of the Sudan under the law, license, or permit of the United States, including a license from the United States Department of the Treasury, and
companies, except agencies of the Republic of the Sudan, who are certified as Non-Government Organizations by the United Nations, or who engage solely in (i) the provision of goods and services intended to relieve human suffering or to promote welfare, health, religious and spiritual activities, and education or humanitarian purposes; or (ii) journalistic activities. "Private market fund" means any private equity fund, private equity fund of funds, venture capital fund, hedge fund, hedge fund of funds, real estate fund, or other investment vehicle that is not publicly traded.
"Republic of the Sudan" means those geographic areas of the Republic of Sudan that are subject to sanction or other restrictions placed on commercial activity imposed by the United States Government due to an executive or congressional declaration of genocide.
"Retirement system" means the State Employees' Retirement System of Illinois, the Judges Retirement System of Illinois, the General Assembly Retirement System, the State Universities Retirement System, and the Teachers' Retirement System of the State of Illinois.
(c) A retirement system shall not transfer or disburse funds to, deposit into, acquire any bonds or commercial paper from, or otherwise loan to or invest in any entity unless, as provided in this Section, a certifying company
certifies to the retirement system that, (1) with respect to investments in a publicly traded company, the certifying company has relied on information provided by an independent researching firm that specializes in global security risk and (2) 100% of the retirement system's assets for which the certifying company provides services or advice are not and have not been invested or reinvested in any forbidden entity at any time after 4 months after the effective date of this Section. The certifying company shall make the certification required under this subsection (c) to a retirement system 6 months after the effective date of this Section and annually thereafter. A retirement system shall submit the certifications to the Division, and the Division shall notify the Director of Insurance if a retirement system fails to do so. (d) With respect to a commitment or investment made pursuant to a written agreement executed prior to the effective date of this Section, each private market fund shall submit to the appropriate certifying company, at no additional cost to the retirement system:
(1) an affidavit sworn under oath in which an | ||
| ||
(2) a certificate in which an expressly authorized | ||
| ||
(e) With respect to a commitment or investment made pursuant to a written agreement executed after the effective date of this Section, each private market fund shall, at no additional cost to the retirement system: (1) submit to the appropriate certifying company an | ||
| ||
(2) enter into an enforceable written agreement with | ||
| ||
(f) In addition to any other penalties and remedies available under the law of Illinois and the United States, any transaction, other than a transaction with a private market fund that is governed by subsections (g) and (h) of this Section, that violates the provisions of this Act shall be against public policy and voidable, at the sole discretion of the retirement system.
(g) If a private market fund fails to provide the affidavit or certification required in subsections (d) and (e) of this Section, then the retirement system shall, within 90 days, divest, or attempt in good faith to divest, the retirement system's interest in the private market fund, provided that the Board of the retirement system confirms through resolution that the divestment does not have a material and adverse impact on the retirement system. The retirement system shall immediately notify the Division, and the Division shall notify all other retirement systems, as soon as practicable, by posting the name of the private market fund on the Division's Internet website or through e-mail communications. No other retirement system may enter into any agreement under which the retirement system directly or indirectly invests in the private market fund unless the private market fund provides that retirement system with the affidavit or certification required in subsections (d) and (e) of this Section and complies with all other provisions of this Section. (h) If a private market fund fails to fulfill its obligations under any agreement provided for in paragraph (2) of subsection (e) of this Section, the retirement system shall immediately take legal and other action to obtain satisfaction through all remedies and penalties available under the law and the agreement itself. The retirement system shall immediately notify the Division, and the Division shall notify all other retirement systems, as soon as practicable, by posting the name of the private market fund on the Division's Internet website or through e-mail communications, and no other retirement system may enter into any agreement under which the retirement system directly or indirectly invests in the private market fund.
(i) This Section shall have full force and effect during any period in which the Republic of the Sudan, or the officials of the government of that Republic, are subject to sanctions authorized under any statute or executive order of the United States or until such time as the State Department of the United States confirms in the federal register or through other means that the Republic of the Sudan is no longer subject to sanctions by the government of the United States. (j) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.
(Source: P.A. 103-426, eff. 8-4-23.) |
(40 ILCS 5/1-110.10)
Sec. 1-110.10. Servicer certification. (a) For the purposes of this Section: "Illinois finance entity" means any entity chartered under the Illinois Banking Act, the Savings Bank Act, the Illinois Credit Union Act, or the Illinois Savings and Loan Act of 1985 and any person or entity licensed under the Residential Mortgage License Act of 1987, the Consumer Installment Loan Act, or the Sales Finance Agency Act. "Retirement system or pension fund" means a retirement system or pension fund established under this Code.
(b) In order for an Illinois finance entity to be eligible for investment or deposit of retirement system or pension fund assets, the Illinois finance entity must annually certify that it complies with the requirements of the High Risk Home Loan Act and the rules adopted pursuant to that Act that are applicable to that Illinois finance entity. For Illinois finance entities with whom the retirement system or pension fund is investing or depositing assets on the effective date of this Section, the initial certification required under this Section shall be completed within 6 months after the effective date of this Section. For Illinois finance entities with whom the retirement system or pension fund is not investing or depositing assets on the effective date of this Section, the initial certification required under this Section must be completed before the retirement system or pension fund may invest or deposit assets with the Illinois finance entity. (c) A retirement system or pension fund shall submit the certifications to the Public Pension Division of the Department of Insurance, and the Division shall notify the Director of Insurance if a retirement system or pension fund fails to do so. (d) If an Illinois finance entity fails to provide an initial certification within 6 months after the effective date of this Section or fails to submit an annual certification, then the retirement system or pension fund shall notify the Illinois finance entity. The Illinois finance entity shall, within 30 days after the date of notification, either (i) notify the retirement system or pension fund of its intention to certify and complete certification or (ii) notify the retirement system or pension fund of its intention to not complete certification. If an Illinois finance entity fails to provide certification, then the retirement system or pension fund shall, within 90 days, divest, or attempt in good faith to divest, the retirement system's or pension fund's assets with that Illinois finance entity. The retirement system or pension fund shall immediately notify the Public Pension Division of the Department of Insurance of the Illinois finance entity's failure to provide certification.
(e) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.
(Source: P.A. 103-426, eff. 8-4-23.) |
(40 ILCS 5/1-110.15)
Sec. 1-110.15. Transactions prohibited by retirement systems; Iran.
(a) As used in this Section: "Active business operations" means all business
operations that are not inactive business operations. "Business operations" means engaging in commerce
in any form in Iran, including, but not limited to,
acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real
property, or any other apparatus of business or commerce. "Company" means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability company, or other entity or business
association, including all wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates
of those entities or business associations, that exists for
the purpose of making profit. "Direct holdings" in a company means all
securities of that company that are held directly by the
retirement system or in an account or fund in which the retirement system
owns all shares or interests. "Inactive business operations" means the mere
continued holding or renewal of rights to property previously
operated for the purpose of generating revenues but not
presently deployed for that purpose. "Indirect holdings" in a company means all
securities of that company which are held in an account or
fund, such as a mutual fund, managed by one or more persons
not employed by the retirement system, in which the retirement system owns
shares or interests together with other investors not subject
to the provisions of this Section. "Mineral-extraction activities" include exploring,
extracting, processing, transporting, or wholesale selling or
trading of elemental minerals or associated metal alloys or
oxides (ore), including gold, copper, chromium, chromite,
diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. "Oil-related activities" include, but are not
limited to, owning rights to oil blocks; exporting,
extracting, producing, refining, processing, exploring for,
transporting, selling, or trading of oil; and constructing,
maintaining, or operating a pipeline, refinery, or other
oil-field infrastructure. The mere retail sale of gasoline and
related consumer products is not considered an oil-related
activity. "Petroleum resources" means petroleum, petroleum
byproducts, or natural gas. "Private market fund" means any private equity fund, private equity fund of funds, venture capital fund, hedge fund, hedge fund of funds, real estate fund, or other investment vehicle that is not publicly traded.
"Retirement system" means the State Employees' Retirement System of Illinois, the Judges Retirement System of Illinois, the General Assembly Retirement System, the State Universities Retirement System, and the Teachers' Retirement System of the State of Illinois. "Scrutinized business operations" means business operations that have caused a company to become a scrutinized company.
"Scrutinized company" means the company has
business operations that involve contracts with or provision
of supplies or services to the Government of Iran, companies
in which the Government of Iran has any direct or indirect
equity share, consortiums or projects commissioned by the
Government of Iran, or companies involved in consortiums or
projects commissioned by the Government of Iran and: (1) more than 10% of the company's revenues produced | ||
| ||
(2) the company has, on or after August 5, 1996, made | ||
| ||
"Substantial action" means adopting, publicizing,
and implementing a formal plan to cease scrutinized business
operations within one year and to refrain from any such new
business operations. (b) Within 90 days after the effective date of this
Section, a retirement system shall make its best efforts to identify all scrutinized companies in which the retirement system has direct or indirect holdings. These efforts shall include the following, as appropriate in the retirement system's judgment: (1) reviewing and relying on publicly available | ||
| ||
(2) contacting asset managers contracted by the | ||
| ||
(3) Contacting other institutional investors that | ||
| ||
The retirement system may retain an independent research firm to identify scrutinized companies in which the retirement system has direct or indirect holdings. By the first meeting of the retirement system following
the 90-day period described in this subsection (b), the retirement system
shall assemble all scrutinized companies identified into a
scrutinized companies list. The retirement system shall update the scrutinized
companies list annually based on evolving information from,
among other sources, those listed in this subsection (b). (c) The retirement system shall adhere to
the following procedures for companies on the scrutinized
companies list: (1) The retirement system shall determine the | ||
| ||
(2) For each company identified in item (1) of this | ||
| ||
(3) For each company newly identified in item (1) of | ||
| ||
(4) If, within 90 days after the retirement system's | ||
| ||
(d) If, after 90 days following the retirement system's first
engagement with a company pursuant to subsection (c), the
company continues to have scrutinized active business
operations, and only while such company continues to have
scrutinized active business operations, the retirement system shall
sell, redeem, divest, or withdraw all publicly traded
securities of the company, except as provided in paragraph
(f), from the retirement system's assets under management within 12
months after the company's most recent appearance on the
scrutinized companies list. If a company that ceased scrutinized active
business operations following engagement pursuant to subsection (c) resumes such operations, this subsection (d) immediately
applies, and the retirement system shall send a written notice to
the company. The company shall also be immediately
reintroduced onto the scrutinized companies list. (e) The retirement system may not acquire
securities of companies on the scrutinized companies list
that have active business operations, except as provided in
subsection (f). (f) A company that the United States
Government affirmatively declares to be excluded from its
present or any future federal sanctions regime relating to
Iran is not subject to divestment or the investment
prohibition pursuant to subsections (d) and (e). (g) Notwithstanding the
provisions of this Section, paragraphs (d) and (e) do not apply to
indirect holdings in a private market fund.
However, the retirement system shall submit letters to the managers
of those investment funds containing companies that have
scrutinized active business operations requesting that they
consider removing the companies from the fund or create a
similar actively managed fund having indirect holdings devoid
of the companies. If the manager creates a similar fund, the
retirement system shall replace all applicable investments with
investments in the similar fund in an expedited timeframe
consistent with prudent investing standards. (h) The retirement system shall file a report with the Public Pension Division of the Department of Insurance that includes the scrutinized companies list
within 30 days after the list is created. This report shall be
made available to the public. The retirement system shall file an annual report with the Public Pension Division, which shall be made available to the public, that includes all of the following: (1) A summary of correspondence with companies | ||
| ||
(2) All investments sold, redeemed, divested, or | ||
| ||
(3) All prohibited investments under subsection (e). (4) A summary of correspondence with private market | ||
| ||
(i) This Section expires upon the occurrence
of any of the following: (1) The United States revokes all sanctions imposed | ||
| ||
(2) The Congress or President of the United States | ||
| ||
(3) The Congress or President of the United States, | ||
| ||
(j) With respect to actions
taken in compliance with this Act, including all good-faith
determinations regarding companies as required by this Act,
the retirement system is exempt from any conflicting statutory or
common law obligations, including any fiduciary duties under this Article and any obligations with
respect to choice of asset managers, investment funds, or
investments for the retirement system's securities portfolios. (k) Notwithstanding any
other provision of this Section to the contrary, the retirement system
may cease divesting from scrutinized companies
pursuant to subsection (d) or reinvest in
scrutinized companies from which it divested pursuant to
subsection (d) if clear and convincing evidence shows that the value of investments in scrutinized companies with active scrutinized business operations becomes equal to or less than 0.5% of the market value of all assets under management by the retirement system. Cessation of
divestment, reinvestment, or any subsequent ongoing investment
authorized by this Section is limited to the minimum steps
necessary to avoid the contingency set forth in this
subsection (k). For any cessation of divestment, reinvestment, or
subsequent ongoing investment authorized by this Section, the
retirement system shall provide a written report to the Public Pension Division in advance of initial reinvestment, updated
semiannually thereafter as applicable, setting forth the
reasons and justification, supported by clear and convincing
evidence, for its decisions to cease divestment, reinvest, or
remain invested in companies having scrutinized active
business operations. This Section does not apply to reinvestment
in companies on the grounds that they have ceased to have
scrutinized active business operations. (l) If any provision of this Section or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of
the Act which can be given effect without the invalid
provision or application, and to this end the provisions of
this Section are severable.
(Source: P.A. 103-426, eff. 8-4-23.) |
(40 ILCS 5/1-110.16) Sec. 1-110.16. Transactions prohibited by retirement systems; companies that boycott Israel, for-profit companies that contract to shelter migrant children, Iran-restricted companies, Sudan-restricted companies, expatriated entities, companies that are domiciled or have their principal place of business in Russia or Belarus, and companies that are subject to Russian Harmful Foreign Activities Sanctions. (a) As used in this Section: "Boycott Israel" means engaging in actions that are | ||
| ||
"Company" means any sole proprietorship, | ||
| ||
"Company that is subject to Russian Harmful Foreign | ||
| ||
"Contract to shelter migrant children" means entering | ||
| ||
"Direct holdings" in a company means all publicly | ||
| ||
"Expatriated entity" has the meaning ascribed to it | ||
| ||
"Illinois Investment Policy Board" means the board | ||
| ||
"Indirect holdings" in a company means all securities | ||
| ||
"Iran-restricted company" means a company that meets | ||
| ||
"Private market fund" means any private equity fund, | ||
| ||
"Restricted companies" means companies that boycott | ||
| ||
"Retirement system" means a retirement system | ||
| ||
"Sudan-restricted company" means a company that meets | ||
| ||
(b) There shall be established an Illinois Investment Policy Board. The Illinois Investment Policy Board shall consist of 7 members. Each board of a pension fund or investment board created under Article 15, 16, or 22A of this Code shall appoint one member, and the Governor shall appoint 4 members. The Governor shall designate one member of the Board as the Chairperson. (b-5) The term of office of each member appointed by the Governor, who is serving on the Board on June 30, 2022, is abolished on that date. The terms of office of members appointed by the Governor after June 30, 2022 shall be as follows: 2 initial members shall be appointed for terms of 2 years, and 2 initial members shall be appointed for terms of 4 years. Thereafter, the members appointed by the Governor shall hold office for 4 years, except that any member chosen to fill a vacancy occurring otherwise than by expiration of a term shall be appointed only for the unexpired term of the member whom he or she shall succeed. Board members may be reappointed. The Governor may remove a Governor's appointee to the Board for incompetence, neglect of duty, malfeasance, or inability to serve. (c) Notwithstanding any provision of law to the contrary, beginning January 1, 2016, Sections 1-110.15 and 1-110.6 of this Code shall be administered in accordance with this Section. (d) By April 1, 2016, the Illinois Investment Policy Board shall make its best efforts to identify all Iran-restricted companies, Sudan-restricted companies, and companies that boycott Israel and assemble those identified companies into a list of restricted companies, to be distributed to each retirement system. These efforts shall include the following, as appropriate in the Illinois Investment Policy Board's judgment: (1) reviewing and relying on publicly available | ||
| ||
(2) contacting asset managers contracted by the | ||
| ||
(3) contacting other institutional investors that | ||
| ||
(4) retaining an independent research firm to | ||
| ||
The Illinois Investment Policy Board shall review the list of restricted companies on a quarterly basis based on evolving information from, among other sources, those listed in this subsection (d) and distribute any updates to the list of restricted companies to the retirement systems and the State Treasurer. By April 1, 2018, the Illinois Investment Policy Board shall make its best efforts to identify all expatriated entities and include those companies in the list of restricted companies distributed to each retirement system and the State Treasurer. These efforts shall include the following, as appropriate in the Illinois Investment Policy Board's judgment: (1) reviewing and relying on publicly available | ||
| ||
(2) contacting asset managers contracted by the | ||
| ||
(3) contacting other institutional investors that | ||
| ||
(4) retaining an independent research firm to | ||
| ||
By July 1, 2022, the Illinois Investment Policy Board shall make its best efforts to identify all for-profit companies that contract to shelter migrant children and include those companies in the list of restricted companies distributed to each retirement system. These efforts shall include the following, as appropriate in the Illinois Investment Policy Board's judgment: (1) reviewing and relying on publicly available | ||
| ||
(2) contacting asset managers contracted by the | ||
| ||
(3) contacting other institutional investors that | ||
| ||
(4) retaining an independent research firm to | ||
| ||
No later than 6 months after the effective date of this amendatory Act of the 102nd General Assembly, the Illinois Investment Policy Board shall make its best efforts to identify all companies that are domiciled or have their principal place of business in Russia or Belarus and companies that are subject to Russian Harmful Foreign Activities Sanctions and include those companies in the list of restricted companies distributed to each retirement system. These efforts shall include the following, as appropriate in the Illinois Investment Policy Board's judgment: (1) reviewing and relying on publicly available | ||
| ||
(2) contacting asset managers contracted by the | ||
| ||
(3) contacting other institutional investors that | ||
| ||
(4) retaining an independent research firm to | ||
| ||
(e) The Illinois Investment Policy Board shall adhere to the following procedures for companies on the list of restricted companies: (1) For each company newly identified in subsection | ||
| ||
(2) If, following the Illinois Investment Policy | ||
| ||
(3) For a company that is domiciled or has its | ||
| ||
(4) For a company that is subject to Russian Harmful | ||
| ||
(f) Except as provided in subsection (f-1) of this Section the retirement system shall adhere to the following procedures for companies on the list of restricted companies: (1) The retirement system shall identify those | ||
| ||
(2) The retirement system shall instruct its | ||
| ||
(3) The retirement system may not acquire securities | ||
| ||
(4) The provisions of this subsection (f) do not | ||
| ||
(f-1) The retirement system shall adhere to the following procedures for restricted companies that are expatriated entities or for-profit companies that contract to shelter migrant children: (1) To the extent that the retirement system believes | ||
| ||
(2) Subject to any applicable State or Federal laws, | ||
| ||
(3) The retirement system shall report on its | ||
| ||
(4) If the engagement efforts of the retirement | ||
| ||
(f-5) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, no retirement system shall invest moneys in Russian or Belarusian sovereign debt, Russian or Belarusian government-backed securities, any investment instrument issued by an entity that is domiciled or has its principal place of business in Russia or Belarus, or any investment instrument issued by a company that is subject to Russian Harmful Foreign Activities Sanctions, and no retirement system shall invest or deposit State moneys in any bank that is domiciled or has its principal place of business in Russia or Belarus. As soon as practicable after the effective date of this amendatory Act of the 102nd General Assembly, each retirement system shall instruct its investment advisors to sell, redeem, divest, or withdraw all direct holdings of Russian or Belarusian sovereign debt and direct holdings of Russian or Belarusian government-backed securities from the retirement system's assets under management in an orderly and fiduciarily responsible manner. Notwithstanding any provision of this Section to the contrary, a retirement system may cease divestment pursuant to this subsection (f-5) if clear and convincing evidence shows that the value of investments in such Russian or Belarusian sovereign debt and Russian or Belarusian government-backed securities becomes equal to or less than 0.05% of the market value of all assets under management by the retirement system. For any cessation of divestment authorized by this subsection (f-5), the retirement system shall provide a written notice to the Illinois Investment Policy Board in advance of the cessation of divestment, setting forth the reasons and justification, supported by clear and convincing evidence, for its decision to cease divestment under this subsection (f-5). The provisions of this subsection (f-5) do not apply to the retirement system's indirect holdings or private market funds. (g) Upon request, and by April 1 of each year, each retirement system shall provide the Illinois Investment Policy Board with information regarding investments sold, redeemed, divested, or withdrawn in compliance with this Section. (h) Notwithstanding any provision of this Section to the contrary, a retirement system may cease divesting from companies pursuant to subsection (f) if clear and convincing evidence shows that the value of investments in such companies becomes equal to or less than 0.5% of the market value of all assets under management by the retirement system. For any cessation of divestment authorized by this subsection (h), the retirement system shall provide a written notice to the Illinois Investment Policy Board in advance of the cessation of divestment, setting forth the reasons and justification, supported by clear and convincing evidence, for its decision to cease divestment under subsection (f). (i) The cost associated with the activities of the Illinois Investment Policy Board shall be borne by the boards of each pension fund or investment board created under Article 15, 16, or 22A of this Code. (j) With respect to actions taken in compliance with this Section, including all good-faith determinations regarding companies as required by this Section, the retirement system and Illinois Investment Policy Board are exempt from any conflicting statutory or common law obligations, including any fiduciary duties under this Article and any obligations with respect to choice of asset managers, investment funds, or investments for the retirement system's securities portfolios. (k) It is not the intent of the General Assembly in enacting this amendatory Act of the 99th General Assembly to cause divestiture from any company based in the United States of America. The Illinois Investment Policy Board shall consider this intent when developing or reviewing the list of restricted companies. (l) If any provision of this amendatory Act of the 99th General Assembly or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this amendatory Act of the 99th General Assembly that can be given effect without the invalid provision or application.
If any provision of Public Act 100-551 or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of Public Act 100-551 that can be given effect without the invalid provision or application. If any provision of Public Act 102-118 or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of Public Act 102-118 that can be given effect without the invalid provision or application. If any provision of this amendatory Act of the 102nd General Assembly or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this amendatory Act of the 102nd General Assembly that can be given effect without the invalid provision or application. (Source: P.A. 102-118, eff. 7-23-21; 102-699, eff. 4-19-22; 102-1108, eff. 12-21-22.) |
(40 ILCS 5/1-110.17) Sec. 1-110.17. Expiration of prohibited transactions. If, at least 4 years after the effective date of an amendatory Act that initially establishes a prohibited transaction under this Article, the Illinois Investment Policy Board concludes that divestment is no longer necessary due to achievement of the underlying goals of the amendatory Act establishing the prohibited transaction, changes in status surrounding the prohibited transactions, or other verifiable reasons, the Illinois Investment Policy Board may cease actions to require divestment, identify restricted companies, or prohibit transactions by a majority vote of the Illinois Investment Policy Board if: (1) no less than one year prior to the change in policy, the Illinois Investment Policy Board notifies, in writing, the General Assembly of the change in policy and lists the reasons for changing the policy; and (2) the General Assembly does not, before the change in policy, adopt a House Resolution or a Senate Resolution instructing the Illinois Investment Policy Board to not change the policy.
(Source: P.A. 102-118, eff. 7-23-21.) |
(40 ILCS 5/1-111) (from Ch. 108 1/2, par. 1-111)
Sec. 1-111.
Ten Per Cent Limitation of Employer Securities.
A plan may
not acquire a security issued by an employer of employees covered by
the retirement system or pension fund, if immediately after such acquisition,
the aggregate fair market value of such employer securities held by the
retirement system or pension fund exceed 10 per cent of the fair market value
of the assets of the retirement system or pension fund.
(Source: P.A. 81-948.)
|
(40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
Sec. 1-113. Investment authority of certain pension funds, not including
those established under Article 3 or 4. The investment authority of a board
of trustees of a retirement system or pension fund established under this
Code shall, if so provided in the Article establishing such retirement system
or pension fund, embrace the following investments:
(1) Bonds, notes and other direct obligations of the | ||
| ||
(2) Obligations of the Inter-American Development | ||
| ||
(3) Obligations of any state, or of any political | ||
| ||
(4) Nonconvertible bonds, debentures, notes and other | ||
| ||
(5) Obligations guaranteed by the Government of | ||
| ||
(5.1) Direct obligations of the State of Israel for | ||
| ||
(a) The total investments in such obligations | ||
| ||
(b) The State of Israel shall not be in default | ||
| ||
(c) The bonds, stock or notes, and interest | ||
| ||
(d) The bonds shall (1) contain an option for the | ||
| ||
(e) The investment in these obligations has been | ||
| ||
(f) The fund or system making the investment | ||
| ||
(6) Notes secured by mortgages under Sections 203, | ||
| ||
(7) Loans to veterans guaranteed in whole or part by | ||
| ||
(8) Common and preferred stocks and convertible debt | ||
| ||
(a) the common stocks, except as provided in | ||
| ||
(b) the securities are of a corporation created | ||
| ||
(c) the corporation is not in arrears on payment | ||
| ||
(d) the total book value of all stocks and | ||
| ||
(e) the book value of stock and convertible debt | ||
| ||
(f) the straight preferred stocks or convertible | ||
| ||
(g) that any common stocks not listed or quoted | ||
| ||
(9) Withdrawable accounts of State chartered and | ||
| ||
No bank or savings and loan association shall receive | ||
| ||
(10) Trading, purchase or sale of listed options on | ||
| ||
(11) Contracts and agreements supplemental thereto | ||
| ||
(12) Conventional mortgage pass-through securities | ||
| ||
(13) Pooled or commingled funds managed by a national | ||
| ||
(14) Pooled or commingled funds managed by a national | ||
| ||
(15) Investment companies which (a) are registered as | ||
| ||
(16) Up to 10% of the assets of the fund may be | ||
| ||
The board shall have the authority to enter into such agreements and to
execute such documents as it determines to be necessary to complete any
investment transaction.
Any limitations herein set forth shall be applicable only at the time
of purchase and shall not require the liquidation of any investment at
any time.
All investments shall be clearly held and accounted for to indicate
ownership by such board. Such board may direct the registration of
securities in its own name or in the name of a nominee created for the
express purpose of registration of securities by a national or state
bank or trust company authorized to conduct a trust business
in the State of Illinois.
Investments shall be carried at cost or at a value determined in accordance
with
generally accepted accounting principles and accounting procedures
approved by such board.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/1-113.1)
Sec. 1-113.1.
Investment authority of pension funds established under
Article 3 or 4. The board of trustees of a police pension fund established
under Article 3 of this Code or firefighter pension fund established under
Article 4 of this Code shall draw pension funds from the treasurer of the
municipality and, beginning January 1, 1998, invest any part thereof in the
name of the board in the items listed in Sections 1-113.2 through 1-113.4
according to the limitations and requirements of this Article. These
investments shall be made with the care, skill, prudence, and diligence that a
prudent person acting in like capacity and familiar with such matters would use
in the conduct of an enterprise of like character with like aims.
Interest and any other income from the investments shall be credited to the
pension fund.
For the purposes of Sections 1-113.2 through 1-113.11, the "net assets" of a
pension fund include both the cash and invested assets of the pension fund.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-113.2)
Sec. 1-113.2.
List of permitted investments for all Article 3 or 4 pension
funds. Any pension fund established under Article 3 or 4 may invest in the
following items:
(1) Interest bearing direct obligations of the United States of America.
(2) Interest bearing obligations to the extent that they are fully
guaranteed or insured as to payment of principal and interest by the United
States of America.
(3) Interest bearing bonds, notes, debentures, or other similar obligations
of agencies of the United States of America. For the purposes of this Section,
"agencies of the United States of America" includes: (i) the Federal National
Mortgage Association and the Student Loan Marketing Association; (ii) federal
land banks, federal intermediate credit banks,
federal farm credit banks, and any other entity authorized to
issue direct debt obligations of the United States of America under the Farm
Credit Act of 1971 or amendments to that Act; (iii) federal home loan banks and
the Federal Home Loan Mortgage Corporation; and (iv) any agency created
by Act of Congress that is authorized to issue direct debt obligations of the
United States of America.
(4) Interest bearing savings accounts or certificates of deposit, issued by
federally chartered banks or savings and loan associations, to the extent that
the deposits are insured by agencies or instrumentalities of the federal
government.
(5) Interest bearing savings accounts or certificates of deposit, issued by
State of Illinois chartered banks or savings and loan associations, to the
extent that the deposits are insured by agencies or instrumentalities of the
federal government.
(6) Investments in credit unions, to the extent that the investments are
insured by agencies or instrumentalities of the federal government.
(7) Interest bearing bonds of the State of Illinois.
(8) Pooled interest bearing accounts managed by the Illinois Public
Treasurer's Investment Pool in accordance with the Deposit of State Moneys Act,
interest bearing funds or pooled accounts of the Illinois Metropolitan Investment Funds, and interest bearing funds or pooled accounts managed, operated, and
administered by banks, subsidiaries of banks, or subsidiaries of bank holding
companies in accordance with the laws of the State of Illinois.
(9) Interest bearing bonds or tax anticipation warrants of any county,
township, or municipal corporation of the State of Illinois.
(10) Direct obligations of the State of Israel, subject to the conditions
and limitations of item (5.1) of Section 1-113.
(11) Money market mutual funds managed by investment companies that are
registered under the federal Investment Company Act of 1940 and the Illinois
Securities Law of 1953 and are diversified, open-ended management investment
companies; provided that the portfolio of the money market mutual fund is
limited to the following:
(i) bonds, notes, certificates of indebtedness, | ||
| ||
(ii) bonds, notes, debentures, or other similar | ||
| ||
(iii) short term obligations of corporations | ||
| ||
(12) General accounts of life insurance companies authorized to transact
business in Illinois.
(13) Any combination of the following, not to exceed 10% of the pension
fund's net assets:
(i) separate accounts that are managed by life | ||
| ||
(ii) separate accounts that are managed by insurance | ||
| ||
(iii) mutual funds that meet the following | ||
| ||
(A) the mutual fund is managed by an investment | ||
| ||
(B) the mutual fund has been in operation for at | ||
| ||
(C) the mutual fund has total net assets of $250 | ||
| ||
(D) the mutual fund is comprised of diversified | ||
| ||
(14) Corporate bonds managed through an investment advisor must meet all of the following requirements: (1) The bonds must be rated as investment grade by | ||
| ||
(2) If subsequently downgraded below investment | ||
| ||
(Source: P.A. 96-1495, eff. 1-1-11.)
|
(40 ILCS 5/1-113.3)
Sec. 1-113.3.
List of additional permitted investments for pension funds
with net assets of $2,500,000 or more.
(a) In addition to the items in Section
3-113.2, a pension fund established under Article 3 or 4 that has net assets of
at least $2,500,000 may invest a portion of its net assets in the following
items:
(1) Separate accounts that are managed by life | ||
| ||
(2) Mutual funds that meet the following requirements:
(i) the mutual fund is managed by an investment | ||
| ||
(ii) the mutual fund has been in operation for at | ||
| ||
(iii) the mutual fund has total net assets of | ||
| ||
(iv) the mutual fund is comprised of diversified | ||
| ||
(b) A pension fund's total investment in the items authorized under this
Section shall not exceed 35% of the market value of the pension fund's net
present assets stated in its most recent annual report on file with the
Illinois Department of Insurance.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-113.4)
Sec. 1-113.4. List of additional permitted investments for pension funds
with net assets of $5,000,000 or more. (a) In addition to the items in Sections 1-113.2 and 1-113.3, a pension fund
established under Article 3 or 4 that has net assets of at least $5,000,000 and
has appointed an investment adviser under Section 1-113.5 may, through that
investment adviser, invest a portion of its assets in common and preferred
stocks authorized for investments of trust funds under the laws of the State
of Illinois. The stocks must meet all of the following requirements:
(1) The common stocks are listed on a national | ||
| ||
(2) The securities are of a corporation created or | ||
| ||
(3) The corporation has not been in arrears on | ||
| ||
(4) The market value of stock in any one corporation | ||
| ||
(5) The straight preferred stocks or convertible | ||
| ||
(6) The issuer of the stocks has been subject to the | ||
| ||
(b) A pension fund's total investment in the items authorized under this
Section and Section 1-113.3 shall not exceed 35% of the market value of the
pension fund's net present assets stated in its most recent annual report on
file with the Public Pension Division of the Department of Insurance.
(c) A pension fund that invests funds under this Section shall
electronically file with the Public Pension Division of the Department of Insurance any reports of its investment activities
that the Division may require, at the times and in the format required by the
Division.
(Source: P.A. 103-426, eff. 8-4-23.)
|
(40 ILCS 5/1-113.4a) Sec. 1-113.4a. List of additional permitted investments for Article 3 and 4 pension funds with net assets of $10,000,000 or more. (a) In addition to the items in Sections 1-113.2 and 1-113.3, a pension fund established under Article 3 or 4 that has net assets of at least $10,000,000 and has appointed an investment adviser, as defined under Sections 1-101.4 and 1-113.5, may, through that investment adviser, invest an additional portion of its assets in common and preferred stocks and mutual funds. (b) The stocks must meet all of the following requirements: (1) The common stocks must be listed on a national | ||
| ||
(2) The securities must be of a corporation in | ||
| ||
(3) The market value of stock in any one corporation | ||
| ||
(4) The straight preferred stocks or convertible | ||
| ||
(c) The mutual funds must meet the following requirements: (1) The mutual fund must be managed by an investment | ||
| ||
(2) The mutual fund must have been in operation for | ||
| ||
(3) The mutual fund must have total net assets of | ||
| ||
(4) The mutual fund must be comprised of a | ||
| ||
(d) A pension fund's total investment in the items authorized under this Section and Section 1-113.3 shall not exceed 50% effective July 1, 2011 and 55% effective July 1, 2012 of the market value of the pension fund's net present assets stated in its most recent annual report on file with the Public Pension Division of the Department of Insurance. (e) A pension fund that invests funds under this Section shall electronically file with the Public Pension Division of the Department of Insurance any reports of its investment activities that the Division may require, at the time and in the format required by the Division.
(Source: P.A. 103-426, eff. 8-4-23.) |
(40 ILCS 5/1-113.5)
Sec. 1-113.5. Investment advisers and investment services for all Article 3 or 4 pension funds.
(a) The board of trustees of a pension fund may appoint investment advisers
as defined in Section 1-101.4. The board of any pension fund investing in
common or preferred stock under Section 1-113.4 shall appoint an investment
adviser before making such investments.
The investment adviser shall be a fiduciary, as defined in Section 1-101.2,
with respect to the pension fund and shall be one of the following:
(1) an investment adviser registered under the | ||
| ||
(2) a bank or trust company authorized to conduct a | ||
| ||
(3) a life insurance company authorized to transact | ||
| ||
(4) an investment company as defined and registered | ||
| ||
(a-5) Notwithstanding any other provision of law, a person or entity that provides consulting services (referred to as a "consultant" in this Section) to a pension fund with respect to the selection of fiduciaries may not be awarded a contract to provide those consulting services that is more than 5 years in duration. No contract to provide such consulting services may be renewed or extended. At the end of the term of a contract, however, the contractor is eligible to compete for a new contract. No person shall attempt to avoid or contravene the restrictions of this subsection by any means. All offers from responsive offerors shall be accompanied by disclosure of the names and addresses of the following: (1) The offeror. (2) Any entity that is a parent of, or owns a | ||
| ||
(3) Any entity that is a subsidiary of, or in which a | ||
| ||
Beginning on July 1, 2008, a person, other than a trustee or an employee of a pension fund or retirement system, may not act as a consultant under this Section unless that person is at least one of the following: (i) registered as an investment adviser under the federal Investment Advisers Act of 1940 (15 U.S.C. 80b-1, et seq.); (ii) registered as an investment adviser under the Illinois Securities Law of 1953; (iii) a bank, as defined in the Investment Advisers Act of 1940; or (iv) an insurance company authorized to transact business in this State. (b) All investment advice and services provided by an investment adviser
or a consultant appointed under this Section shall be rendered pursuant to a written contract
between the investment adviser and the board, and in accordance with the
board's investment policy.
The contract shall include all of the following:
(1) acknowledgement in writing by the investment | ||
| ||
(2) the board's investment policy;
(3) full disclosure of direct and indirect fees, | ||
| ||
(4) a requirement that the investment adviser submit | ||
| ||
(b-5) Each contract described in subsection (b) shall also include (i) full disclosure of direct and indirect fees, commissions, penalties, and other compensation, including
reimbursement for expenses, that may be paid by or on behalf of the investment adviser or consultant in connection with the provision of services to the pension fund and (ii) a requirement that the investment adviser or consultant update the disclosure promptly after a modification of those payments or an additional payment. Within 30 days after the effective date of this amendatory Act of the 95th General Assembly, each investment adviser and consultant providing services on the effective date or subject to an existing contract for the provision of services must disclose to the board of trustees all direct and indirect fees, commissions, penalties, and other compensation paid by or on
behalf of the investment adviser or consultant in connection with the provision of those services and shall update that disclosure promptly after a modification of those payments or an additional payment. A person required to make a disclosure under subsection (d) is also required to disclose direct and indirect fees, commissions, penalties, or other compensation that shall or may be paid by or on behalf of the person in connection with the rendering of those services. The person shall update the disclosure promptly after a modification of those payments or an additional payment. The disclosures required by this subsection shall be in writing and shall include the date and amount of each payment and the name and address of each recipient of a payment. (c) Within 30 days after appointing an investment adviser or consultant, the board shall
submit a copy of the contract to the Public Pension Division of the Department of Insurance.
(d) Investment services provided by a person other than an investment
adviser appointed under this Section, including but not limited to services
provided by the kinds of persons listed in items (1) through (4) of subsection
(a), shall be rendered only after full written disclosure of direct and
indirect fees, commissions, penalties, and any other compensation that shall or
may be received by the person rendering those services.
(e) The board of trustees of each pension fund shall retain records of
investment transactions in accordance with the rules of the Public Pension Division of the Department of
Insurance.
(Source: P.A. 103-426, eff. 8-4-23.)
|
(40 ILCS 5/1-113.6)
Sec. 1-113.6. Investment policies. Every board of trustees of a pension
fund shall adopt a written investment policy and file a copy of that policy
with the Department of Insurance within 30 days after its adoption. Whenever a
board changes its investment policy, it shall file a copy of the new policy
with the Department within 30 days.
The investment policy shall include a statement that material, relevant, and decision-useful sustainability factors have been or are regularly considered by the board, within the bounds of financial and fiduciary prudence, in evaluating investment decisions. Such factors include, but are not limited to: (1) corporate governance and leadership factors; (2) environmental factors; (3) social capital factors; (4) human capital factors; and (5) business model and innovation factors, as provided under the Illinois Sustainable Investing Act. (Source: P.A. 101-473, eff. 1-1-20.)
|
(40 ILCS 5/1-113.7)
Sec. 1-113.7.
Registration of investments; custody and safekeeping.
The
board of trustees may register the investments of its pension fund in the name
of the pension fund, in the nominee name of a bank or trust company authorized
to conduct a trust business in Illinois, or in the nominee name of the Illinois
Public Treasurer's Investment Pool.
The assets of the pension fund and ownership of its investments shall be
protected through third-party custodial safekeeping. The board of trustees
may appoint as custodian of the investments of its pension fund the treasurer
of the municipality, a bank or trust company authorized to conduct a trust
business in Illinois, or the Illinois Public Treasurer's Investment Pool.
A dealer may not maintain possession of or control over securities of a
pension fund subject to the provisions of this Section unless it is registered
as a broker-dealer with the U.S. Securities and Exchange Commission and is a
member in good standing of the National Association of Securities Dealers, and
(1) with respect to securities that are not issued only in book-entry form,
(A) all such securities of each fund are either held in safekeeping in a place
reasonably free from risk of destruction or held in custody by a securities
depository that is a "clearing agency" registered with the U.S. Securities and
Exchange Commission, (B) the dealer is a member of the Securities Investor
Protection Corporation, (C) the dealer sends to each fund, no less frequently
than each calendar quarter, an itemized statement showing the moneys and
securities in the custody or possession of the dealer at the end of such
period, and (D) an independent certified public accountant
conducts an audit, no less frequently than each calendar year, that reviews
the dealer's internal accounting controls and procedures for safeguarding
securities; and (2) with respect
to securities that are issued only in book-entry form, (A) all such securities
of each fund are held either in a securities depository that is a "clearing
agency" registered with the U.S. Securities and Exchange Commission or in a
bank that is a member of the Federal Reserve System, (B) the dealer records the
ownership interest of the funds in such securities on the dealer's books and
records, (C) the dealer is a member of the Securities Investor Protection
Corporation, (D) the dealer sends to each fund, no less frequently than each
calendar quarter, an itemized statement showing the moneys and securities in
the custody or possession of the dealer at the end of such period, and (E) the
dealer's financial statement (which shall contain among other things a
statement of the dealer's net capital and its required net capital computed in
accordance with Rule 15c3-1 under the Securities Exchange Act of 1934) is
audited annually by an independent certified public accountant, and the
dealer's most recent audited financial statement is furnished to the fund. No
broker-dealer serving as a custodian for any public pension fund as provided by
this Act shall be authorized to serve as an investment advisor for that same
public pension fund as described in Section 1-101.4 of this Code, to the
extent that the investment advisor acquires or disposes of any asset of that
same public pension fund.
Notwithstanding the foregoing, in no event may a broker or dealer that is a
natural person maintain possession of or control over securities or other
assets of a pension fund subject to the provisions of this Section. In
maintaining securities of a pension fund subject to the provisions of this
Section, each dealer must maintain those securities in conformity with the
provisions of Rule 15c3-3(b) of the Securities Exchange Act of 1934 (Physical
Possession or Control of Securities). The Director of the Department of
Insurance may adopt such rules and regulations as shall be necessary and
appropriate in his or her judgment to effectuate the purposes of this
Section.
A bank or trust company authorized to conduct a trust business in Illinois
shall register, deposit, or hold investments for safekeeping, all in accordance
with the obligations and subject to the limitations of the Securities in
Fiduciary Accounts Act.
(Source: P.A. 92-651, eff. 7-11-02.)
|
(40 ILCS 5/1-113.8)
Sec. 1-113.8.
Limitations on banks and savings and loan associations.
A
bank or savings and loan association shall not receive investment funds from
a pension fund established under Article 3 or 4 of this Code, unless it has
complied with the requirements established under Section 6 of the Public Funds
Investment Act. The limitations set forth in that Section 6 are applicable
only at the time of investment and do not require the liquidation of any
investment at any time.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-113.9)
Sec. 1-113.9.
Illegal investments.
A person registered as a dealer, salesperson, or investment adviser under the
Illinois Securities Law of 1953 who sells a pension fund a security, or engages
in a transaction with a pension fund, that is not authorized by this Code,
shall be subject to the penalty provisions of Subsection E of Section 8 of the
Illinois Securities Law of 1953, if (1) the dealer, salesperson, or investment
adviser has discretionary authority or control over the fund's assets and has
acknowledged in writing that it is acting in a fiduciary capacity for the fund,
(2) the fund has requested the investment advice of the dealer, salesperson, or
investment adviser and has provided the dealer, salesperson, or investment
adviser with its investment policy, and the dealer, salesperson, or investment
adviser acknowledges in writing that the fund is relying primarily on the
investment advice of that dealer, salesperson, or investment adviser, or (3)
the dealer, salesperson, or investment adviser knows or has reason to know that
the fund is not capable of independently evaluating investment risk or
exercising independent judgment with respect to a particular securities
transaction, and nonetheless recommends that the fund engage in that
transaction.
A bank or trust company authorized to conduct a trust business in Illinois or
a broker-dealer,
and any officer, director, or employee thereof, that advises or causes a
pension fund to make an investment or engages in a transaction not authorized
by this Code is subject to the penalty provisions of Article V of the Corporate
Fiduciary Act.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-113.10)
Sec. 1-113.10.
Legality at time of investment.
The investment limitations
set forth in this Article are applicable only at the time of investment and do
not require the liquidation of any investment at any time. However, no
additional pension funds may be invested in any investment item while the
market value of the pension fund's investments in that item meets or exceeds
the applicable limitation.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-113.11)
Sec. 1-113.11.
Rules.
The Department of Insurance is authorized to
promulgate rules that are necessary or useful for the administration and
enforcement of Sections 1-113.1 through 1-113.10 of this Article.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1-113.12)
Sec. 1-113.12. Application. (a) Except as provided in subsection (b) of this Section, Sections 1-113.1 through 1-113.10 apply only
to pension funds established under Article 3 or 4 of this Code.
(b) Upon the transfer of the securities, funds, assets, and moneys of a transferor pension fund to a fund created under Article 22B or 22C, that pension fund shall no longer exercise any investment authority with respect to those securities, funds, assets, and moneys and Sections 1-113.1 through 113.10 shall not apply to those securities, funds, assets, and moneys.(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/1-113.14)
Sec. 1-113.14. Investment services for retirement systems, pension funds, and investment boards, except those funds established under Articles 3 and 4. (a) For the purposes of this Section, "investment services" means services provided by an investment adviser or a consultant other than qualified fund-of-fund management services as defined in Section 1-113.15. (b) The selection and appointment of an investment adviser or consultant for investment services by the board of a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2, shall be made and awarded in accordance with this Section. All contracts for investment services shall be awarded by the board using a competitive process that is substantially similar to the process required for the procurement of professional and artistic services under Article 35 of the Illinois Procurement Code. Each board of trustees shall adopt a policy in accordance with this subsection (b) within 60 days after the effective date of this amendatory Act of the 96th General Assembly. The policy shall be posted on its web site and filed with the Illinois Procurement Policy Board. Exceptions to this Section are allowed for (i) sole source procurements, (ii) emergency procurements, (iii) at the discretion of the pension fund, retirement system, or board of investment, contracts that are nonrenewable and one year or less in duration, so long as the contract has a value of less than $20,000, and (iv) in the discretion of the pension fund, retirement system, or investment board, contracts for follow-on funds with the same fund sponsor through closed-end funds.
All exceptions granted under this Section must be published on the system's, fund's, or board's web site, shall name the person authorizing the procurement, and shall include a brief explanation of the reason for the exception. A person, other than a trustee or an employee of a retirement system, pension fund, or investment board, may not act as a consultant or investment adviser under this Section unless that person is registered as an investment adviser under the federal Investment Advisers Act of 1940 (15 U.S.C. 80b-1, et seq.) or a bank, as defined in the federal Investment Advisers Act of 1940 (15 U.S.C. 80b-1, et seq.). (c) Investment services provided by an investment adviser or a consultant appointed under this Section shall be rendered pursuant to a written contract between the investment adviser or consultant and the board. The contract shall include all of the following: (1) Acknowledgement in writing by the investment | ||
| ||
(2) The description of the board's investment policy | ||
| ||
(3) (i) Full disclosure of direct and indirect fees, | ||
| ||
(4) A requirement that the investment adviser or | ||
| ||
(5) Disclosure of the names and addresses of (i) the | ||
| ||
(6) A disclosure of the names and addresses of all | ||
| ||
(7) A description of service to be performed. (8) A description of the need for the service. (9) A description of the plan for post-performance | ||
| ||
(10) A description of the qualifications necessary. (11) The duration of the contract. (12) The method for charging and measuring cost. (d) Notwithstanding any other provision of law, a retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall not enter into a contract with a consultant that exceeds 5 years in duration. No contract to provide consulting services may be renewed or extended. At the end of the term of a contract, however, the consultant is eligible to compete for a new contract as provided in this Section. No retirement system, pension fund, or investment board shall attempt to avoid or contravene the restrictions of this subsection (d) by any means. (e) Within 60 days after the effective date of this amendatory Act of the 96th General Assembly, each investment adviser or consultant currently providing services or subject to an existing contract for the provision of services must disclose to the board of trustees all direct and indirect fees, commissions, penalties, and other compensation paid by or on behalf of the investment adviser or consultant in connection with the provision of those services and shall update that disclosure promptly after a modification of those payments or an additional payment. The person shall update the disclosure promptly after a modification of those payments or an additional payment. The disclosures required by this subsection (e) shall be in writing and shall include the date and amount of each payment and the name and address of each recipient of a payment. (f) The retirement system, pension fund, or board of investment shall develop uniform documents that shall be used for the solicitation, review, and acceptance of all investment services. The form shall include the terms contained in subsection (c) of this Section. All such uniform documents shall be posted on the retirement system's, pension fund's, or investment board's web site. (g) A description of every contract for investment services shall be posted in a conspicuous manner on the web site of the retirement system, pension fund, or investment board. The description must include the name of the person or entity awarded a contract, the total amount applicable to the contract, the total fees paid or to be paid, and a disclosure approved by the board describing the factors that contributed to the selection of an investment adviser or consultant.
(Source: P.A. 98-433, eff. 8-16-13.) |
(40 ILCS 5/1-113.15) Sec. 1-113.15. Qualified fund-of-fund management services. (a) As used in this Section: "Qualified fund-of-fund management services" means either (i) the services of an investment adviser acting in its capacity as an investment manager of a fund-of-funds or (ii) an investment adviser acting in its capacity as an investment manager of a separate account that is invested on a side-by-side basis in a substantially identical manner to a fund-of-funds, in each case pursuant to qualified written agreements. "Qualified written agreements" means one or more written contracts to which the investment adviser and the board are parties and includes all of the following: (i) the matters described in items (1), (4), (5), (7), (11), and (12) of subsection (c) of Section 1-113.14; (ii) a description of any fees, commissions, penalties, and other compensation payable, if any, directly by the retirement system, pension fund, or investment board (which shall not include any fees, commissions, penalties, and other compensation payable from the assets of the fund-of-funds or separate account); (iii) a description (or method of calculation) of the fees and expenses payable by the Fund to the investment adviser and the timing of the payment of the fees or expenses; and (iv) a description (or method of calculation) of any carried interest or other performance based interests, fees, or payments allocable by the Fund to the investment adviser or an affiliate of the investment adviser and the priority of distributions with respect to such interest. (b) A description of every contract for qualified fund-of-fund management services must be posted in a conspicuous manner on the web site of the retirement system, pension fund, or investment board. The description must include the name of the fund-of-funds, the name of its investment adviser, the total investment commitment of the retirement system, pension fund, or investment board to invest in such fund-of-funds, and a disclosure approved by the board describing the factors that contributed to the investment in such fund-of-funds. No information that is exempt from inspection pursuant to Section 7 of the Freedom of Information Act shall be disclosed under this Section.
(Source: P.A. 96-1554, eff. 3-18-11.) |
(40 ILCS 5/1-113.16)
Sec. 1-113.16. Investment transparency. (a) The purpose of this Section is to provide for transparency in the investment of retirement or pension funds and require the reporting of full and complete information regarding the investments by pension funds, retirement systems, and investment boards. (b) A retirement system, pension fund, or investment board subject to this Code and any committees established by such system, fund, or board must comply with the Open Meetings Act. (c) Any retirement system, pension fund, or investment board subject to this Code that establishes a committee shall ensure that the majority of the members on such committee are board members. If any member of a committee is not a member of the board for the system, fund, or board, then that committee member shall be a fiduciary. (d) A retirement system, pension fund, or investment board subject to this Code, except those whose investments are restricted by Section 1-113.2, shall maintain an official web site and make available in a clear and conspicuous manner, and update at least quarterly, all of the following information concerning the investment of funds: (1) The total amount of funds held by the pension | ||
| ||
(2) The asset allocation for the investments made by | ||
| ||
(3) Current and historic return information. (4) A detailed listing of the investment advisers for | ||
| ||
(5) Performance of investments compared against | ||
| ||
(6) A detailed list of all consultants doing business | ||
| ||
(7) A detailed list of all contractors, other than | ||
| ||
(8) Any requests for investment services. (9) The names and email addresses of all board | ||
| ||
(10) The report required under Section 1-109.1 of | ||
| ||
(11) The description of each contract required under | ||
| ||
(e) A pension fund whose investments are restricted by Section 1-113.2 of this Code shall make the information required in subsection (d) of this Section available on its web site or in a location that allows the information to be available for inspection by the public. (f) Nothing in this Section requires the pension fund, retirement system, or investment board to make information available on the Internet that is exempt from inspection and copying under the Freedom of Information Act.
(Source: P.A. 96-6, eff. 4-3-09.) |
(40 ILCS 5/1-113.17) Sec. 1-113.17. Investment sustainability. Every retirement system, pension fund, or investment board subject to this Code shall adopt a written investment policy and file a copy of that policy with the Department of Insurance within 30 days after its adoption. Whenever a board changes its investment policy, it shall file a copy of the new policy with the Department within 30 days. The investment policy shall include material, relevant, and decision-useful sustainability factors to be considered by the board, within the bounds of financial and fiduciary prudence, in evaluating investment decisions. Such factors shall include, but are not limited to: (1) corporate governance and leadership factors; (2) environmental factors; (3) social capital factors; (4) human capital factors; and (5) business model and innovation factors, as provided under the Illinois Sustainable Investing Act.
(Source: P.A. 101-473, eff. 1-1-20.) |
(40 ILCS 5/1-113.18)
Sec. 1-113.18. Ethics training. All board members of a retirement system, pension fund, or investment board created under this Code must attend ethics training of at least 8 hours per year. The training required under this Section shall include training on ethics, fiduciary duty, and investment issues and any other curriculum that the board of the retirement system, pension fund, or investment board establishes as being important for the administration of the retirement system, pension fund, or investment board. The Supreme Court of Illinois shall be responsible for ethics training and curriculum for judges designated by the Court to serve as members of a retirement system, pension fund, or investment board.
Each board shall annually certify its members' compliance with this Section and submit an annual certification to the Public Pension Division of the Department of Insurance. Judges shall annually certify compliance with the ethics training requirement and shall submit an annual certification to the Chief Justice of the Supreme Court of Illinois. For an elected or appointed trustee under Article 3 or 4 of this Code, fulfillment of the requirements of Section 1-109.3 satisfies the requirements of this Section.
(Source: P.A. 103-426, eff. 8-4-23.) |
(40 ILCS 5/1-113.20) Sec. 1-113.20. Investment strategies; explicit and implicit costs. Every pension fund, retirement system, and investment board created under this Code, except those whose investments are restricted by Section 1-113.2 of this Code, shall instruct the fund's, system's, or board's investment advisors to utilize investment strategies designed to ensure that all securities transactions are executed in such a manner that the total explicit and implicit costs and total proceeds in every transaction are the most favorable under the circumstances.
(Source: P.A. 96-753, eff. 8-25-09.) |
(40 ILCS 5/1-113.21) Sec. 1-113.21. Contracts for services. (a) Beginning January 1, 2015, no contract, oral or written, for investment services, consulting services, or commitment to a private market fund shall be awarded by a retirement system, pension fund, or investment board established under this Code unless the investment advisor, consultant, or private market fund first discloses: (1) the number of its investment and senior staff and | ||
| ||
(2) the number of contracts, oral or written, for | ||
| ||
(3) the number of contracts, oral or written, for | ||
| ||
(b) The disclosures required by this Section shall be considered, within the bounds of financial and fiduciary prudence, prior to the awarding of a contract, oral or written, for investment services, consulting services, or commitment to a private market fund. (c) For the purposes of this Section, the terms "minority person", "woman", "person
with a disability", "minority-owned business", "women-owned business", and
"business owned by a person with a disability" have the same meaning as those
terms have in the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act. (d) For purposes of this Section, the term "private market fund" means any private equity fund, private equity fund of funds, venture capital fund, hedge fund, hedge fund of funds, real estate fund, or other investment vehicle that is not publicly traded.
(Source: P.A. 100-391, eff. 8-25-17.) |
(40 ILCS 5/1-113.22) Sec. 1-113.22. Required disclosures from consultants; minority-owned businesses, women-owned businesses, and businesses owned by persons with a disability. (a) No later than January 1, 2018 and each January 1 thereafter, each consultant retained by the board of a retirement system, board of a pension fund, or investment board shall disclose to that board of the retirement system, board of the pension fund, or investment board: (1) the total number of searches for investment | ||
| ||
(2) the total number of searches for investment | ||
| ||
(3) the total number of searches for investment | ||
| ||
(4) the total number of searches for investment | ||
| ||
(5) the total dollar amount of investment made in the | ||
| ||
(b) Beginning January 1, 2018, no contract, oral or written, for consulting services shall be awarded by a board of a retirement system, a board of a pension fund, or an investment board without first requiring the consultant to make the disclosures required in subsection (a) of this Section. (c) The disclosures required by subsection (b) of this Section shall be considered, within the bounds of financial and fiduciary prudence, prior to the awarding of a contract, oral or written, for consulting services. (d) As used in this Section, the terms "minority person", "woman", "person with a disability", "minority-owned business", "women-owned business", and "business owned by a person with a disability" have the same meaning as those terms have in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(Source: P.A. 100-542, eff. 11-8-17; 100-863, eff. 8-14-18.) |
(40 ILCS 5/1-113.23) Sec. 1-113.23. Required disclosures from consultants; compensation and economic opportunity received. (a) As used in this Section: "Compensation" means any money, thing of value, or economic benefit conferred on, or received by, a consultant in return for services rendered, or to be rendered, by himself, herself, or another. "Economic opportunity" means any purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services wherein a consultant may gain an economic benefit. (b) No later than January 1, 2018 and each January 1 thereafter, a consultant retained by the board of a retirement system, the board of a pension fund, or an investment board shall disclose to the board of the retirement system, the board of the pension fund, or the investment board all compensation and economic opportunity received in the last 24 months from investment advisors retained by the board of a retirement system, board of a pension fund, or investment board. (c) Beginning January 1, 2018, a consultant shall disclose to the board of a retirement system, the board of a pension fund, or an investment board any compensation or economic opportunity received in the last 24 months from an investment advisor that is recommended for selection by the consultant. A consultant shall make this disclosure prior to the board selecting an investment advisor for appointment. (d) Beginning January 1, 2018, no contract, oral or written, for consulting services shall be awarded by a board of a retirement system, board of a pension fund, or an investment board without first requiring the consultant to make the disclosures required in subsection (c) of this Section.
(Source: P.A. 100-542, eff. 11-8-17.) |
(40 ILCS 5/1-113.24) Sec. 1-113.24. Contracts for investment services with emerging investment managers through a qualified manager of emerging investment managers services. (a) As used in this Section: "Emerging investment manager" has the meaning given to that term in subsection (4) of Section 1-109.1. "Investment services" has the meaning given to that term in Section 1-113.14. "Qualified manager of emerging investment managers services" means the services of an investment adviser acting in its capacity as an investment manager of a multimanager portfolio made up of emerging investment managers. (b) Consistent with the requirements of Section 1-113.14, all contracts for investment services shall be awarded by the board of a pension fund or retirement system or investment board using a competitive process that is substantially similar to the process required for the procurement of professional and artistic services under Article 35 of the Illinois Procurement Code; however, an exception to the requirements of Section 1-113.14 shall be allowed for contracts for investment services with an emerging investment manager provided through a qualified manager of emerging investment managers services. Based upon a written recommendation from an investment adviser providing qualified manager of emerging investment managers services for the selection or appointment of an emerging investment manager that has been providing investment services in the multimanager portfolio for at least 24 months, the board of a pension fund or retirement system or investment board may select or appoint such emerging investment manager. All exceptions to Section 1-113.14 granted under this Section must be published on the pension fund's, retirement system's, or investment board's website, which shall name the person authorizing the procurement and shall include a brief explanation of the reason for the exception. (c) A qualified manager of emerging investment managers services shall comply with the requirements regarding written contracts set forth in subsection (c) of Section 1-113.14.
(Source: P.A. 102-97, eff. 1-1-22.) |
(40 ILCS 5/1-114) (from Ch. 108 1/2, par. 1-114)
Sec. 1-114. Liability for Breach of Fiduciary Duty. (a) Any person who is a fiduciary with respect to a retirement system or
pension fund established under this Code who breaches any duty
imposed upon fiduciaries by this Code, including, but not limited to, a failure to report a reasonable suspicion of a false statement specified in Section 1-135 of this Code, shall be personally liable to make
good to such retirement system or pension fund any losses to it resulting
from each such breach, and to restore to such retirement system or pension
fund any profits of such fiduciary which have been made through use of assets
of the retirement system or pension fund by the fiduciary, and shall be
subject to such equitable or remedial relief as the court may deem appropriate,
including the removal of such fiduciary.
(b) No person shall be liable with respect to a breach of fiduciary duty
under this Code if such breach occurred before such person became a fiduciary
or after such person ceased to be a fiduciary.
(Source: P.A. 97-651, eff. 1-5-12.)
|
(40 ILCS 5/1-115) (from Ch. 108 1/2, par. 1-115)
Sec. 1-115. Civil enforcement. A civil action may be brought by the
Attorney General or by a participant, beneficiary or fiduciary in order to:
(a) Obtain appropriate relief under Section 1-114 of | ||
| ||
(b) Enjoin any act or practice which violates any | ||
| ||
(c) Obtain other appropriate equitable relief to | ||
| ||
Notwithstanding any other provision of the Administrative Review Law or this Code to the contrary, a civil action may be brought by the Attorney General to enjoin the payment of benefits under this Code to any person who is convicted of any felony relating to or arising out of or in connection with that person's service as an employee under this Code. (Source: P.A. 98-1137, eff. 6-1-15.)
|
(40 ILCS 5/1-116) (from Ch. 108 1/2, par. 1-116)
Sec. 1-116.
Federal contribution and benefit limitations.
(a) This Section applies to all pension funds
and retirement systems established under this Code.
(a-5) All pension funds and retirement systems established under this
Code shall comply with the applicable contribution and benefit limitations
imposed by Section 415 of the U.S. Internal Revenue Code of 1986 for tax
qualified plans under Section 401(a) of that Code.
(b) If any benefit payable by a pension fund or retirement system
subject to this Section exceeds the applicable benefit limits set by
Section 415 of the U.S. Internal Revenue Code of 1986 for tax qualified
plans under Section 401(a) of that Code, the excess shall be payable only
from an excess benefit fund established under this Section in accordance
with federal law.
(c) An excess benefit fund shall be established by any pension fund or
retirement system subject to this Section that has any member eligible to
receive a benefit that exceeds the applicable benefit limits set by Section
415 of the U.S. Internal Revenue Code of 1986 for tax qualified plans under
Section 401(a) of that Code. Amounts shall be credited to the excess benefit
fund, and payments for excess benefits made from the excess benefit fund, in
a manner consistent with the applicable federal law.
(d) For purposes of matters relating to the benefit limits set by Section
415 of the U.S. Internal Revenue Code of 1986, the limitation year may be
defined by each affected pension fund or retirement system for that fund or
system.
(Source: P.A. 90-19, eff. 6-20-97; 91-887, eff. 7-6-00.)
|
(40 ILCS 5/1-116.1)
Sec. 1-116.1.
Required distributions.
Notwithstanding any other provision
of this Code, all pension funds and retirement systems established under
Articles 2 through 18 of this Code have the authority to make any
involuntary distributions that are required by federal law under Section
401(a)(9) of the Internal Revenue Code of 1986, as now or hereafter amended. A
distribution shall be deemed to be required if failure to make the distribution
could affect the qualified plan status of the pension fund or retirement system
or could result in the imposition of a substantial penalty on the taxpayer or
on the pension fund or retirement system.
(Source: P.A. 89-136, eff. 7-14-95.)
|
(40 ILCS 5/1-117)
Sec. 1-117.
Annual earnings limitation.
(a) Notwithstanding any other provision of this Code, except as provided in
subsection (b), beginning on the first day of the plan year beginning in 1996,
the annual earnings of a person that may be taken into account in any year
for any purpose under this Code shall not exceed the maximum dollar limitation
specified in Section 401(a)(17) of the Internal Revenue Code of 1986, as that
Section may be amended from time to time and as that compensation limit may be
adjusted from time to time by the Commissioner of Internal Revenue.
(b) In the case of a person who first began participating in a pension fund
or retirement system governed by this Code before the first day of the plan
year beginning in 1996, the dollar limitation under Section 401(a)(17) of the
Internal Revenue Code of 1986 does not apply to the extent that the earnings
that may be taken into account by that fund or system under this Code would be
reduced below the amount that was allowed to be taken into account under its
governing Article of this Code or under Article 1 or Article 20 of this Code,
as those Articles were in effect on July 1, 1993.
(c) This Section takes effect on December 31, 1995.
(Source: P.A. 89-136, eff. 12-31-95.)
|
(40 ILCS 5/1-118)
Sec. 1-118. Veterans' rights. (a) All pension funds and retirement systems
subject to this Code shall comply with the requirements imposed on them by the
federal Uniformed Services Employment and Reemployment Rights Act (P.L.
103-353).
(b) All pension funds and retirement systems subject to this Code shall comply with the federal Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245). (Source: P.A. 97-530, eff. 8-23-11.)
|
(40 ILCS 5/1-119)
Sec. 1-119. Qualified Illinois Domestic Relations Orders.
(a) For the purposes of this Section:
(1) "Alternate payee" means the spouse, former | ||
| ||
(2) "Death benefit" means any nonperiodic benefit | ||
| ||
(3) "Disability benefit" means any periodic or | ||
| ||
(4) "Member" means any person who participates in or | ||
| ||
(5) "Member's refund" means a return of all or a | ||
| ||
(5.5) "Permissive service" means service credit | ||
| ||
(6) "Qualified Illinois Domestic Relations Order" or | ||
| ||
(7) "Regular payee" means the person to whom a | ||
| ||
(7.5) "Regular service" means service credit earned | ||
| ||
(8) "Retirement benefit" means any periodic or | ||
| ||
(9) "Retirement system" or "system" means any | ||
| ||
(10) "Surviving spouse" means the spouse of a member | ||
| ||
(11) "Survivor's benefit" means any periodic benefit | ||
| ||
(b) (1) An Illinois court of competent jurisdiction in a proceeding for
declaration of invalidity of marriage, legal separation, or dissolution of
marriage that provides for support or the distribution of property, or any proceeding to
amend or enforce such support or property distribution, may order that all or any part
of any (i) member's retirement benefit, (ii) member's refund payable to or on behalf
of the member, or (iii) death benefit, or portion thereof, that would otherwise be payable to the member's death benefit beneficiaries or estate be instead paid by the retirement system to the
alternate payee.
(2) An order issued under this Section provides only for the diversion to
an alternate payee of certain benefits otherwise payable by the retirement
system under the provisions of this Code. The existence of a QILDRO shall
not cause the retirement system to pay any benefit, or any amount of benefit,
to an alternate payee that would not have been payable by the system to a
regular payee in the absence of the QILDRO.
(3) A QILDRO shall not affect the vesting, accrual, or amount of any
benefit, nor the date or conditions upon which any benefit becomes payable,
nor the right of the member or the member's survivors to make any election
otherwise authorized under this Code, except as provided in subsections (i)
and (j).
(4) A QILDRO shall not apply to or affect the payment of any survivor's
benefit, disability benefit, life insurance benefit, or health
insurance benefit.
(c) (1) A QILDRO must contain the name, mailing
address, and social
security number of the member and of the alternate payee and must identify
the retirement system to which it is directed and the court issuing the order.
(2) A QILDRO must specify each benefit to which it applies, and it must
specify the amount of the benefit to be paid to the alternate payee. In the case of a non-periodic benefit, this amount must be specified as a dollar amount or as a percentage as specifically provided in subsection (n). In the case of a periodic benefit, this amount must be specified as a dollar amount per month or as a percentage per month as specifically provided in subsection (n).
(3) With respect to each benefit to which it applies, a QILDRO must specify
when the order will take effect. In the case of a lump sum benefit payable to an alternate payee of a participant in the self-managed plan authorized under Article 15 of this Code, the benefit shall be paid upon the proper request of the alternate payee. In the case of a periodic benefit that is
being paid at the time the order is received, a QILDRO shall take effect
immediately or on a specified later date; if it takes effect
immediately, it shall become effective on the first benefit payment date
occurring at least 30 days after the order is received by the retirement
system. In the case of any other benefit, a QILDRO shall take effect when
the benefit becomes payable, unless some later date is specified pursuant to subsection (n).
However, in no event shall a QILDRO apply to any benefit paid by the retirement
system before or within 30 days after the order is received. A retirement
system may adopt rules to prorate the amount of the first and final periodic
payments to an alternate payee.
(4) A QILDRO must also contain any provisions required under subsection (n)
or (p).
(5) If a QILDRO indicates that the alternate payee is to receive a percentage of any retirement system benefit, the calculations required shall be performed by the member, the alternate payee, their designated representatives or their designated experts. The results of said calculations shall be provided to the retirement system via a QILDRO Calculation Court Order issued by an Illinois court of competent jurisdiction in a proceeding for declaration of invalidity of marriage, legal separation, or dissolution of marriage. The QILDRO Calculation Court Order shall follow the form provided in subsection (n-5). The retirement system shall have no duty or obligation to assist in such calculations or in completion of the QILDRO Calculation Court Order, other than to provide the information required to be provided pursuant to subsection (h). (6) Within 45 days after the receipt of a QILDRO Calculation Court Order, the retirement system shall notify the member and the alternate payee (or one designated representative of each) of the receipt of the Order. If a valid QILDRO underlying the QILDRO Calculation Court Order has not been filed with the retirement system, or if the QILDRO Calculation Court Order does not clearly indicate the amount the retirement system is to pay to the alternate payee, then the retirement system shall at the same time notify the member and the alternate payee (or one designated representative of each) of the situation. Unless a valid QILDRO has not been filed with the retirement system, or the QILDRO Calculation Court Order does not clearly indicate the amount the retirement system is to pay the alternate payee, the retirement system shall implement the QILDRO based on the QILDRO Calculation Court Order as soon as administratively possible once benefits are payable. The retirement system shall have no obligation to make any determination as to whether the calculations in the QILDRO Calculation Court Order are accurate or whether the calculations are in accordance with the parties' QILDRO, agreement, or judgment. The retirement system shall not reject a QILDRO Calculation Court Order because the calculations are not accurate or not in accordance with the parties' QILDRO, agreement, or judgment. The retirement system shall have no responsibility for the consequences of its implementation of a QILDRO Calculation Court Order that is inaccurate or not in accordance with the parties' QILDRO, agreement, or judgment.
(d) (1) An order issued under this Section shall not be implemented
unless a certified copy of the order has been filed with the retirement
system. The system shall promptly notify the member and the alternate
payee by first class mail of its receipt of the order.
(2) Neither the retirement system, nor its board, nor any of its employees
shall be liable to the member, the regular payee, or any other person for
any amount of a benefit that is paid in good faith to an alternate payee in
accordance with a QILDRO.
(3) Each new or modified QILDRO or QILDRO Calculation Court Order that is submitted to the retirement system
shall be accompanied by a nonrefundable $50 processing fee payable to the
retirement system, to be used by the system to defer any administrative costs
arising out of the implementation of the order.
(e) (1) Each alternate payee is responsible for maintaining a current
mailing address on file with the retirement system. The retirement
system shall have no duty to attempt to locate any alternate payee by any
means other than sending written notice to the last known address of the
alternate payee on file with the system.
(2) In the event that the system cannot locate an alternate payee when a
benefit becomes payable, the system shall hold the amount of the benefit
payable to the alternate payee and make payment to the alternate payee
if he or she is located within the following 180 days. If the alternate
payee has not been located within 180 days from the date the benefit
becomes payable, the system shall pay the benefit and the amounts held
to the regular payee. If the alternate payee is subsequently
located, the system shall thereupon implement the QILDRO, but the interest
of the alternate payee in any amounts already paid to the regular payee
shall be extinguished. Amounts held under this subsection shall
not bear interest.
(f) (1) If the amount of a benefit that is specified in a QILDRO or QILDRO Calculation Court Order for
payment to an alternate payee exceeds the actual amount of that benefit
payable by the retirement system, the excess shall be disregarded. The
retirement system shall have no liability to any alternate payee or any
other person for the disregarded amounts.
(2) In the event of multiple QILDROs against a member, the retirement
system shall honor all of the QILDROs to the extent possible. However, if the
total amount of a benefit to be paid to alternate payees under all
QILDROs in effect against the member exceeds the actual amount of that
benefit payable by the system, the QILDROs shall be satisfied in the order
of their receipt by the system until the amount of the benefit is
exhausted, and shall not be adjusted pro rata. Any amounts that cannot be
paid due to exhaustion of the benefit shall remain unpaid, and the
retirement system shall have no liability to any alternate payee or any
other person for such amounts.
(3) A modification of a QILDRO shall be filed with the retirement system in
the same manner as a new QILDRO. A modification that does not increase the
amount of any benefit payable to the alternate payee, as that amount was designated in the QILDRO, and does not expand the
QILDRO to affect any benefit not affected by the unmodified QILDRO, does not
affect the priority of payment under subdivision (f)(2); the priority of
payment of a QILDRO that has been modified to increase the amount of any
benefit payable to the alternate payee, or to expand the QILDRO to affect a
benefit not affected by the unmodified QILDRO, shall be based on the date on
which the system receives the modification of the QILDRO.
(4) A modification of a QILDRO Calculation Court Order shall be filed with the retirement system in the same manner as a new QILDRO Calculation Court Order.
(g) (1) Upon the death of the alternate payee under a QILDRO, the QILDRO
shall expire and cease to be effective, and in the absence of another
QILDRO, the right to receive any affected benefit shall revert to the
regular payee.
(2) All QILDROs relating to a member's participation in a particular
retirement system shall expire and cease to be effective upon the issuance
of a member's refund that terminates the member's participation in that
retirement system, without regard to whether the refund was paid to the
member or to an alternate payee under a QILDRO. An expired QILDRO shall
not be automatically revived by any subsequent return by the member to service
under that retirement system.
(h) (1) Within 45 days after receiving a subpoena from any party to a
proceeding for declaration of invalidity of marriage, legal separation, or
dissolution of marriage in which a QILDRO may be issued, or after receiving a
request from the member, a retirement system shall provide in response a statement
of a member's accumulated contributions, accrued benefits, and other
interests in the plan administered by the retirement system based on the data
on file with the system on the date the subpoena is received. If so requested in the subpoena, the retirement system shall also provide in response general retirement plan information available to a member and
any
relevant procedures, rules, or modifications to the model QILDRO form
that have been adopted by the retirement system.
(1.5) If a QILDRO provides for the alternate payee to receive a percentage of a retirement benefit (as opposed to providing for the alternate payee to receive specified dollar amounts of a retirement benefit), then the retirement system shall provide the applicable information to the member and to the alternate payee, or to one designated representative of each (e.g., the member's attorney and the alternate payee's attorney) as indicated below: (A) If the member is a participant in the | ||
| ||
(B) For all situations except that situation | ||
| ||
(i) The date of the member's initial membership | ||
| ||
(ii) The amount of permissive and regular service | ||
| ||
(iii) The gross amount of the member's | ||
| ||
(iv) The gross amount of the member's refund or | ||
| ||
(v) The gross amount of the death benefits that | ||
| ||
(vi) Whether the member has notified the | ||
| ||
(vii) If the member has provided a date that he | ||
| ||
(C) For all situations except that situation | ||
| ||
(i) The member's effective date of retirement.
(ii) The date the member commenced benefits or, | ||
| ||
(iii) The amount of permissive and regular | ||
| ||
(iv) The gross amount of the member's monthly | ||
| ||
(v) The gross amount of the member's refund or | ||
| ||
(vi) The gross amount of death benefits that | ||
| ||
(D) If, and only if, the alternate payee is entitled | ||
| ||
(2) In no event shall the retirement system be required to furnish to any
person an actuarial opinion as to the present value of the member's benefits or
other interests.
(3) The papers, entries, and records, or parts thereof, of any retirement
system may be proved by a copy thereof, certified under the signature of the
secretary of the system or other duly appointed keeper of the records of the
system and the corporate seal, if any.
(i) In a retirement system in which a member or beneficiary is
required to apply to the system for payment of a benefit, the required
application may be made by an alternate payee who is entitled to all
of a termination refund or retirement benefit or part of a death benefit that is payable
under a QILDRO, provided that all other
qualifications and requirements have been met. However, the alternate payee
may not make the required application for death benefits while the member is alive or for a member's refund or a retirement
benefit if the member is in active service or below the minimum age for
receiving an undiscounted retirement annuity in the retirement system that has
received the QILDRO or in any other retirement system in which the member has
regular or permissive service and in which the member's rights under the Retirement
Systems Reciprocal Act would be affected as a result of the alternate payee's
application for a member's refund or retirement benefit.
(j) (1) So long as there is in effect a QILDRO relating to a member's
retirement benefit, the affected member may not elect a form of payment that
has the effect of diminishing the amount of the payment to which any alternate
payee is entitled, unless the alternate payee has consented to the election in
a
writing that includes the alternate payee's notarized signature, and this written and notarized consent has been filed with the retirement system.
(2) If a member attempts to make an election prohibited under subdivision
(j)(1), the retirement system shall reject the election and advise the member
of the need to obtain the alternate payee's consent.
(3) If a retirement system discovers that it has mistakenly allowed an
election prohibited under subdivision (j)(1), it shall thereupon disallow that
election and recalculate any benefits affected thereby. If the system
determines that an amount paid to a regular payee should have been paid to an
alternate payee, the system shall, if possible, recoup the amounts as provided
in subsection (k) of this Section.
(k) In the event that a regular payee or an alternate payee is overpaid, the
retirement system shall have the authority to and shall recoup the amounts by deducting the overpayment from
future payments and making payment to the other payee. The system may make
deductions for recoupment over a period of time in the same manner as is
provided by law or rule for the recoupment of other amounts incorrectly
disbursed by the system in instances not involving a QILDRO. The retirement
system shall incur no liability to either the alternate payee or the regular
payee as a result of any payment made in good faith, regardless of whether the
system is able to accomplish recoupment.
(l) (1) A retirement system that has, before the effective date of this
Section, received and implemented a domestic relations order that directs
payment of a benefit to a person other than the regular payee may continue
to implement that order, and shall not be liable to the regular payee for
any amounts paid in good faith to that other person in accordance with
the order.
(2) A domestic relations order directing payment of a benefit to a
person other than the regular payee that was issued by a court but not
implemented by a retirement system prior to the effective date of this
Section shall be void. However, a person who is the beneficiary or alternate
payee of a domestic relations order that is rendered void under this subsection
may petition the court that issued the order for an amended order that complies
with this Section.
(3) A retirement system that received a valid QILDRO before the effective date of this amendatory Act of the 94th General Assembly shall continue to implement the QILDRO and shall not be liable to any party for amounts paid in good faith pursuant to the QILDRO.
(m) (1) In accordance with Article XIII, Section 5 of the Illinois
Constitution, which prohibits the impairment or diminishment of benefits
granted under this Code, a QILDRO issued against a member of a retirement
system established under an Article of this Code that exempts the payment of
benefits or refunds from attachment, garnishment, judgment or other legal
process shall not be effective without the written consent of the member if the
member began participating in the retirement system on or before the effective
date of this Section. That consent must specify the retirement system, the
court case number, and the names and social security numbers of the member and
the alternate payee. The consent must accompany the QILDRO when it is filed
with the retirement system, and must be in substantially the following form:
CONSENT TO ISSUANCE OF QILDRO
Case Caption: ...................................
Court Case Number: ....................
Member's Name: ..................................
Member's Social Security Number: ........................
Alternate payee's Name: .........................
Alternate payee's Social Security Number: ...............
I, (name), a member of the (retirement system), hereby irrevocably consent to the
issuance of a Qualified Illinois Domestic Relations Order. I understand
that under the Order, certain benefits that would otherwise be payable to me,
or to my death benefit beneficiaries
or estate, will instead be payable to (name of
alternate payee). I also understand that my right to elect certain forms of
payment of my retirement benefit or member's refund may be limited as a result
of the Order.
DATED:.......................
SIGNED:......................
(2) A member's consent to the issuance of a QILDRO shall be irrevocable,
and shall apply to any QILDRO that pertains to the alternate payee and
retirement system named in the consent.
(n) A QILDRO
issued under this Section shall be in substantially the
following form (omitting any provisions that are not applicable to benefits that are or may be ultimately payable to the member):
QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
...................................
(Enter Case Caption Here)
...................................(Enter Retirement System Name Here) THIS CAUSE coming before the Court for the purpose of the entry of a Qualified Illinois Domestic Relations Order under the provisions of Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), the Court having jurisdiction over the parties and the subject matter hereof; the Court finding that one of the parties to this proceeding is a member of a retirement system subject to Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), this Order is entered to implement a division of that party's interest in the retirement system; and the Court being fully advised;
IT IS HEREBY ORDERED AS FOLLOWS: I. The definitions and other provisions of Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119) are adopted by reference and made a part of this Order. II. Identification of Retirement System and parties:
Retirement System: ............................
(Name) ............................ (Address)
Member:
............................
(Name) ............................ (Mailing Address) ............................ (Social Security Number)
Alternate payee: ............................
(Name) ............................ (Mailing Address) ............................ (Social Security Number) The alternate payee is the member's .... current or former spouse/ .... child or other dependent [check one].
III. The Retirement System shall pay the indicated amounts of the member's retirement benefits to the alternate payee under the following terms and conditions: (A) The Retirement System shall pay the alternate | ||
| ||
(1) $...... per month [enter amount]; or (2) .......% [enter percentage] per month of the | ||
| ||
(3) ........% [enter percentage] per month of the | ||
| ||
(B) If the member's retirement benefit has already | ||
| ||
(1) .... as soon as administratively possible | ||
| ||
(2) .... on the date of ........ [enter any | ||
| ||
(C) If the member's retirement benefit has not yet | ||
| ||
(D) Payments to the alternate payee under this | ||
| ||
(1) .... upon the death of the member or the | ||
| ||
(2) .... after ........ payments are made to the | ||
| ||
IV. If the member's retirement benefits are subject to annual post-retirement increases, the alternate payee's share of said benefits .... shall/ .... shall not [check one] be recalculated or increased annually to include a proportionate share of the applicable annual increases. V. The Retirement System shall pay to the alternate payee the indicated amounts of any refund upon termination or any lump sum retirement benefit that becomes payable to the member, under the following terms and conditions: (A) The Retirement System shall pay the alternate | ||
| ||
(1) $..... [enter amount]; or (2) .....% [enter percentage] of the marital | ||
| ||
(3) ......% [enter percentage] of the gross | ||
| ||
(B) The amount payable to an alternate payee under | ||
| ||
(C) The alternate payee's share of the refund or lump | ||
| ||
VI. The Retirement System shall pay to the alternate payee the indicated amounts of any partial refund that becomes payable to the member under the following terms and conditions: (A) The Retirement System shall pay the alternate | ||
| ||
(1) $...... [enter amount]; or (2) ......% [enter percentage] of the marital | ||
| ||
(3) ......% [enter percentage] of the gross | ||
| ||
(B) The amount payable to an alternate payee under | ||
| ||
(C) The alternate payee's share of the refund under | ||
| ||
VII. The Retirement System shall pay to the alternate payee the indicated amounts of any death benefits that become payable to the member's death benefit beneficiaries or estate under the following terms and conditions: (A) To the extent and only to the extent required to | ||
| ||
(1) $...... [enter amount]; or (2) ......% [enter percentage] of the marital | ||
| ||
(3) ......% [enter percentage] of the gross | ||
| ||
(B) The amount payable to an alternate payee under | ||
| ||
(C) The alternate payee's share of death benefits | ||
| ||
VIII. If this Order indicates that the alternate payee is to receive a percentage of any retirement benefit or refund, upon receipt of the information required to be provided by the Retirement System under Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), the calculations required shall be performed by the member, by the alternate payee, or by their designated representatives or designated experts. The results of the calculations shall be provided to the Retirement System via a QILDRO Calculation Court Order in accordance with Section 1-119 of the Illinois Pension Code. IX. Marital Portion Benefit Calculation Formula (Option to calculate benefit in items III(A)(2), V(A)(2), VI(A)(2), and VII(A)(2) above). If in this Section "other" is circled in the definition of A, B, or C, then a supplemental order must be entered simultaneously with this QILDRO clarifying the intent of the parties or the Court as to that item. The supplemental order cannot require the Retirement System to take any action not permitted under Illinois law or the Retirement System's administrative rules. To the extent that the supplemental order does not conform to Illinois law or administrative rule, it shall not be binding upon the Retirement System. (1) The amount of the alternate payee's benefit shall | ||
| ||
"A" equals the number of months of .... regular/ | ||
| ||
"B" equals the number of months of .... regular/ | ||
| ||
"C" equals the gross amount of: (i) the member's monthly retirement benefit | ||
| ||
(ii) the member's refund payable upon | ||
| ||
(iii) the member's partial refund, including | ||
| ||
(iv) the death benefit payable to the | ||
| ||
whichever are applicable pursuant to Section III, V, | ||
| ||
"D" equals the percentage noted in Section | ||
| ||
(2) The alternate payee's benefit under this Section | ||
| ||
X. In accordance with subsection (j) of Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), so long as this QILDRO is in effect, the member may not elect a form of payment of the retirement benefit that has the effect of diminishing the amount of the payment to which the alternate payee is entitled, unless the alternate payee has consented to the election in writing, the consent has been notarized, and the consent has been filed with the Retirement System. XI. If the member began participating in the Retirement System before July 1, 1999, this Order shall not take effect unless accompanied by the written consent of the member as required under subsection (m) of Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). XII. The Court retains jurisdiction over this matter for all of the following purposes: (1) To establish or maintain this Order as a | ||
| ||
(2) To enter amended QILDROs and QILDRO Calculation | ||
| ||
(3) To enter supplemental orders to clarify the | ||
| ||
DATED: ...................... SIGNED: ..................... [Judge's Signature]
(n-5) A QILDRO Calculation Court Order issued under this Section shall be in substantially the following form:
QILDRO Calculation Court Order...................................
[Enter case caption here]
...................................[Enter Retirement System name here] THIS CAUSE coming before the Court for the purpose of the entry of a QILDRO Calculation Court Order under the provisions of Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), the Court having jurisdiction over the parties and the subject matter hereof; the Court finding that a QILDRO has previously been entered in this matter, that the QILDRO has been received and accepted by the Retirement System, and that the QILDRO requires percentage calculations to allocate the alternate payee's share of the member's benefit or refund, the Court not having found that the QILDRO has become void or invalid, and the Court being fully advised; IT IS HEREBY ORDERED AS FOLLOWS: (1) The definitions and other provisions of Section 1-119 of the Illinois Pension Code [40 ILCS 5/1-119] are adopted by reference and made a part of this Order. (2) Identification of Retirement System and parties:
Retirement System: ............................
(Name) ............................ (Address)
Member:
............................
(Name) ............................ (Mailing Address) ............................ (Social Security Number)
Alternate payee: ............................
(Name) ............................ (Mailing Address) ............................ (Social Security Number) The Alternate payee is the member's .... current or former spouse/ .... child or other dependent [check one].
(3) The following shall apply if and only if the QILDRO allocated benefits to the alternate payee in the specific Section noted. The Retirement System shall pay the amounts as directed below, but only if and when the benefits are payable pursuant to the QILDRO and Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). Parties shall see QILDRO Section IX for the definitions of A, B, C and D as used below. (a) The alternate payee's benefit pursuant to QILDRO | ||
| ||
(......./.......) X ....... X .............. = ............[Enter A] [Enter B] [Enter C] [Enter D] [Monthly Amount] (b) The alternate payee's benefit pursuant to QILDRO | ||
| ||
(......./.......) X ....... X .............. = ............[Enter A] [Enter B] [Enter C] [Enter D] [Amount] (c) The alternate payee's benefit pursuant to QILDRO | ||
| ||
(......./.......) X ....... X ............. = ............[Enter A] [Enter B] [Enter C] [Enter D] [Amount] (d) The alternate payee's benefit pursuant to QILDRO | ||
| ||
(......./.......) X ....... X .............. = ............[Enter A] [Enter B] [Enter C] [Enter D] [Amount]The Retirement System's sole obligation with respect to the equations in this paragraph (3) is to pay the amounts indicated as the result of the equations. The Retirement System shall have no obligation to review or verify the equations or to assist in the calculations used to determine such amounts.
(4) The following shall apply only if the QILDRO allocated benefits to the alternate payee in the specific Section noted. The Retirement System shall pay the amounts as directed below, but only if and when the benefits are payable pursuant to the QILDRO and Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). (A) The alternate payee's benefit pursuant to QILDRO | ||
| ||
.................... X ............... = .................[Gross benefit amount] [Percentage] [Monthly Amount] (B) The alternate payee's benefit pursuant to QILDRO | ||
| ||
..................... X ............... = .................[Gross benefit amount] [Percentage] [Amount] (C) The alternate payee's benefit pursuant to QILDRO | ||
| ||
..................... X ............... = .................[Gross benefit amount] [Percentage] [Amount] (D) The alternate payee's benefit pursuant to QILDRO | ||
| ||
..................... X ............... = .................[Gross benefit amount] [Percentage] [Amount]The Retirement System's sole obligation with respect to the equations in this paragraph (4) is to pay the amounts indicated as the result of the equations. The Retirement System shall have no obligation to review or verify the equations or to assist in the calculations used to determine such amounts.
(5) The Court retains jurisdiction over this matter for the following purposes: (A) to establish or maintain this Order as a QILDRO | ||
| ||
(B) to enter amended QILDROs and QILDRO Calculation | ||
| ||
(C) To enter supplemental orders to clarify the | ||
| ||
DATED: ...................... SIGNED: ..................... [Judge's Signature]
(o) (1) A court in Illinois that has issued a QILDRO shall retain
jurisdiction of all issues relating to the modification of the QILDRO as indicated in Section XII of the QILDRO and in accordance with Illinois law. A court in Illinois that has issued a QILDRO Calculation Court Order shall retain jurisdiction of all issues relating to the modification of the QILDRO Calculation Court Order as indicated in Section 5 of the QILDRO Calculation Court Order and in accordance with Illinois law. (2) The
Administrative Review Law and the rules adopted pursuant thereto shall govern
and apply to all proceedings for judicial review of final administrative
decisions of the board of trustees of the retirement system arising under this
Section.
The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure. The venue for review under the Administrative
Review Law shall be the same as is provided by law for judicial review of other
administrative decisions of the retirement system.
(p) (1) Each retirement system may adopt any procedures or rules that it
deems necessary or useful for the implementation of this Section.
(2) Each retirement system may by rule modify the model QILDRO form provided
in subsection (n), except that no retirement system may change that form in a way that limits the choices provided to the alternate payee in subsections (n) or (n-5). Each retirement system may by rule
require that additional information be included in
QILDROs presented to the system, as may be necessary to meet the needs of
the retirement system.
(3) Each retirement system shall define its blank model QILDRO form and blank model QILDRO Calculation Court Order form as an original of the forms or a paper copy of the forms. Each retirement system shall, whenever possible, make the forms available on the internet in non-modifiable computer format (for example, Adobe Portable Document Format files) for printing purposes. (4) If a retirement system in good faith implements an order under this Section that follows substantially the same form as the model order and the retirement system later discovers that the implemented order was not absolutely identical to the retirement system's model order, the retirement system's implementation shall not be a violation of this Section and the retirement system shall have no responsibility to compensate the member or the alternate payee for moneys that would have been paid or not paid had the order been identical to the model order.
(Source: P.A. 93-347, eff. 7-24-03; 94-657, eff. 7-1-06.)
|
(40 ILCS 5/1-120)
Sec. 1-120.
Payment to trust.
(a) If a person is a minor or has been
determined by a court to be under a legal disability, any benefits payable
to that person under this Code may be paid to the trustee of a trust created
for the sole benefit of that person while the person is living, if the
trustee of the trust has advised the board of trustees of the pension fund or
retirement system in writing that the benefits will be held or used for the
sole benefit of that person. The pension fund or retirement system shall not
be required to determine the validity of the trust or of any of the terms of
the trust. The representation of the trustee that the trust meets the
requirements of this Section shall be conclusive as to the pension fund or
retirement system. Payment of benefits to the trust shall be an absolute
discharge of the pension fund or retirement system's liability with respect
to the amounts so paid.
(b) For purposes of this Section, "minor" means an unmarried
person under the age of 18.
(c) This Section is not a limitation on any other power to pay benefits to
or on behalf of a minor or person under legal disability that is granted under
this Code or other applicable law.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/1-122)
Sec. 1-122. Service with the Legislative Ethics Commission or Office of the Legislative Inspector General. Notwithstanding any provision in this Code to the contrary, if a person serves as a part-time employee in any of the following positions: Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative Ethics Commission, then (A) no retirement annuity or other benefit of that person under this Code is subject to forfeiture, diminishment, suspension, or other impairment solely by virtue of that service and (B) that person does not participate in any pension fund or retirement system under this Code with respect to that service, unless that person (i) is qualified to so participate and (ii) affirmatively elects to so participate. This Section applies without regard to whether the person is in active service under the applicable Article of this Code on or after the effective date of this amendatory Act of the 93rd General Assembly. In this Section, a "part-time employee" is a person who is not required to work at least 35 hours per week.
(Source: P.A. 93-685, eff. 7-8-04.) |
(40 ILCS 5/1-123) Sec. 1-123. Service as legal counsel. Notwithstanding any provision in this Code to the contrary, if a person is a participant under Article 18 and files a written election by July 1, 2005 with the Judges Retirement System of Illinois, then that person may serve either as legal counsel in the Office of the Governor or as Chief Deputy Attorney General and (A) no retirement annuity or other benefit of that person under Article 18 is subject to forfeiture, diminishment, suspension, or other impairment solely by virtue of that service and (B) that person does not participate in any pension fund or retirement system under this Code with respect to that service. This Section applies without regard to whether the person is in active service under Article 18 of this Code on or after the effective date of this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93-1069, eff. 1-15-05.) |
(40 ILCS 5/1-125)
Sec. 1-125. Prohibition on gifts. (a) For the purposes of this Section: "Gift" means a gift as defined in Section 1-5 of the State Officials and Employees Ethics Act. "Prohibited source" means a person or entity who: (i) is seeking official action (A) by the board or | ||
| ||
(ii) does business or seeks to do business (A) with | ||
| ||
(iii) has interests that may be substantially | ||
| ||
(iv) is registered or required to be registered with | ||
| ||
(b) No trustee or employee of a retirement system, pension fund, or investment board created under this Code shall intentionally solicit or accept any gift from any prohibited source as prescribed in Article 10 of the State Officials and Employees Ethics Act. The exceptions contained in Section 10-15 of that Act, other than paragraphs (4) and (5) of that Section shall apply to trustees and employees of a retirement system, pension fund, or investment board created under this Code. Solicitation or acceptance of educational materials, however, is not prohibited. For the purposes of this Section, references to "State employee" and "employee" in Article 10 of the State Officials and Employees Ethics Act shall include a trustee or employee of a retirement system, pension fund, or investment board created under this Code. (c) A municipality may adopt or maintain policies or ordinances that are more restrictive than those set forth in this Section and may continue to follow any existing policies or ordinances that are more restrictive or are in addition to those set forth in this Section. (d) To the extent that the provisions of this Section conflict with the provisions of the State Officials and Employees Ethics Act, the provisions of this Section control. (e) Violation of this Section is a Class A misdemeanor.
(Source: P.A. 95-950, eff. 8-29-08; 96-6, eff. 4-3-09.) |
(40 ILCS 5/1-130)
Sec. 1-130. No monetary gain on investments. No member or employee of the board of trustees of any retirement system, pension fund, or investment board created under this Code nor any spouse of such member or employee shall knowingly have any direct interest in the income, gains, or profits of any investments made on behalf of a retirement system, pension fund, or investment board created under this Code for which such person is a member or employee, nor receive any pay or emolument for services in connection with any investment. No member or employee of the board of trustees of any retirement system, pension fund, or investment board created under this Code shall become an endorser or surety, or in any manner an obligor for money loaned or borrowed from any retirement system or pension fund created under this Code or the Illinois State Board of Investment. For the purposes of this Section, an annuity otherwise provided in accordance with this Code or any income, gains, or profits related to any non-controlling interest in any public securities, mutual fund, or other passive investment is not considered monetary gain on investments. Violation of this Section is a Class 3 felony.
(Source: P.A. 96-6, eff. 4-3-09.) |
(40 ILCS 5/1-135)
Sec. 1-135. Fraud. Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of a retirement system or pension fund created under this Code or the Illinois State Board of Investment in an attempt to defraud the retirement system or pension fund created under this Code or the Illinois State Board of Investment is guilty of a Class 3 felony. Any reasonable suspicion by any appointed or elected commissioner, trustee, director, or board member of a retirement system or pension fund created under this Code or the State Board of Investment of a false statement or falsified record being submitted or permitted by a person under this Code shall be immediately referred to the board of trustees of the applicable retirement system or pension fund created under this Code, the State Board of Investment, or the State's Attorney of the jurisdiction where the alleged fraudulent activity occurred. The board of trustees of a retirement system or pension fund created under this Code or the State Board of Investment shall immediately notify the State's Attorney of the jurisdiction where any alleged fraudulent activity occurred for investigation. For the purposes of this Section, "reasonable suspicion" means a belief, based upon specific and articulable facts, taken together with rational inferences from those facts, that would lead a reasonable person to believe that fraud has been, or will be, committed. A reasonable suspicion is more than a non-particularized suspicion. A mere inconsistency, standing alone, does not give rise to a reasonable suspicion.
(Source: P.A. 96-6, eff. 4-3-09; 97-651, eff. 1-5-12.) |
(40 ILCS 5/1-140) Sec. 1-140. Identification of deceased annuitants. Every pension fund or retirement system under this Code, except for a pension fund established under Article 3 or 4 of this Code, shall develop and implement, by no later than June 30, 2017, a process to identify annuitants who are deceased. The process shall require the pension fund or retirement system to check for any deceased annuitants at least once per month and shall include the use of any commonly used methods to identify persons who are deceased, which include, but are not limited to, the use of a third party entity that specializes in the identification of deceased persons, the use of data provided by the Social Security Administration, the use of data provided by the Department of Public Health's Office of Vital Records, or the use of any other method that is commonly used by other states to identify deceased persons.
(Source: P.A. 99-683, eff. 7-29-16.) |
(40 ILCS 5/1-145)
Sec. 1-145. Contingent and placement fees prohibited. No person or entity shall retain a person or entity to attempt to influence the outcome of an investment decision of or the procurement of investment advice or services of a retirement system, pension fund, or investment board of this Code for compensation, contingent in whole or in part upon the decision or procurement. Any person who violates this Section is guilty of a business offense and shall be fined not more than $10,000. In addition, any person convicted of a violation of this Section is prohibited for a period of 3 years from conducting such activities.
(Source: P.A. 96-6, eff. 4-3-09.) |
(40 ILCS 5/1-150)
Sec. 1-150. Approval of travel or educational mission. The expenses for travel or educational missions of a board member of a retirement system, pension fund, or investment board created under this Code, except those whose investments are restricted by Section 1-113.2 of this Code, must be approved by a majority of the board prior to the travel or educational mission.
(Source: P.A. 96-6, eff. 4-3-09.) |
(40 ILCS 5/1-160) (Text of Section from P.A. 102-719) Sec. 1-160. Provisions applicable to new hires. (a) The provisions of this Section apply to a person who, on or after January 1, 2011, first becomes a member or a participant under any reciprocal retirement system or pension fund established under this Code, other than a retirement system or pension fund established under Article 2, 3, 4, 5, 6, 7, 15, or 18 of this Code, notwithstanding any other provision of this Code to the contrary, but do not apply to any self-managed plan established under this Code or to any participant of the retirement plan established under Section 22-101; except that this Section applies to a person who elected to establish alternative credits by electing in writing after January 1, 2011, but before August 8, 2011, under Section 7-145.1 of this Code. Notwithstanding anything to the contrary in this Section, for purposes of this Section, a person who is a Tier 1 regular employee as defined in Section 7-109.4 of this Code or who participated in a retirement system under Article 15 prior to January 1, 2011 shall be deemed a person who first became a member or participant prior to January 1, 2011 under any retirement system or pension fund subject to this Section. The changes made to this Section by Public Act 98-596 are a clarification of existing law and are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-889), notwithstanding the provisions of Section 1-103.1 of this Code. This Section does not apply to a person who first becomes a noncovered employee under Article 14 on or after the implementation date of the plan created under Section 1-161 for that Article, unless that person elects under subsection (b) of Section 1-161 to instead receive the benefits provided under this Section and the applicable provisions of that Article. This Section does not apply to a person who first becomes a member or participant under Article 16 on or after the implementation date of the plan created under Section 1-161 for that Article, unless that person elects under subsection (b) of Section 1-161 to instead receive the benefits provided under this Section and the applicable provisions of that Article. This Section does not apply to a person who elects under subsection (c-5) of Section 1-161 to receive the benefits under Section 1-161. This Section does not apply to a person who first becomes a member or participant of an affected pension fund on or after 6 months after the resolution or ordinance date, as defined in Section 1-162, unless that person elects under subsection (c) of Section 1-162 to receive the benefits provided under this Section and the applicable provisions of the Article under which he or she is a member or participant. (b) "Final average salary" means, except as otherwise provided in this subsection, the average monthly (or annual) salary obtained by dividing the total salary or earnings calculated under the Article applicable to the member or participant during the 96 consecutive months (or 8 consecutive years) of service within the last 120 months (or 10 years) of service in which the total salary or earnings calculated under the applicable Article was the highest by the number of months (or years) of service in that period. For the purposes of a person who first becomes a member or participant of any retirement system or pension fund to which this Section applies on or after January 1, 2011, in this Code, "final average salary" shall be substituted for the following: (1) (Blank). (2) In Articles 8, 9, 10, 11, and 12, "highest | ||
| ||
(3) In Article 13, "average final salary". (4) In Article 14, "final average compensation". (5) In Article 17, "average salary". (6) In Section 22-207, "wages or salary received by | ||
| ||
A member of the Teachers' Retirement System of the State of Illinois who retires on or after June 1, 2021 and for whom the 2020-2021 school year is used in the calculation of the member's final average salary shall use the higher of the following for the purpose of determining the member's final average salary: (A) the amount otherwise calculated under the first | ||
| ||
(B) an amount calculated by the Teachers' Retirement | ||
| ||
(b-5) Beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the retirement systems and pension funds by November 1 of each year. (b-10) Beginning on January 1, 2024, for all purposes under this Code (including, without limitation, the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant under Article 9 to whom this Section applies shall include an annual earnings, salary, or wage cap that tracks the Social Security wage base. Maximum annual earnings, wages, or salary shall be the annual contribution and benefit base established for the applicable year by the Commissioner of the Social Security Administration under the federal Social Security Act. However, in no event shall the annual earnings, salary, or wages for the purposes of this Article and Article 9 exceed any limitation imposed on annual earnings, salary, or wages under Section 1-117. Under no circumstances shall the maximum amount of annual earnings, salary, or wages be greater than the amount set forth in this subsection (b-10) as a result of reciprocal service or any provisions regarding reciprocal services, nor shall the Fund under Article 9 be required to pay any refund as a result of the application of this maximum annual earnings, salary, and wage cap. Nothing in this subsection (b-10) shall cause or otherwise result in any retroactive adjustment of any employee contributions. Nothing in this subsection (b-10) shall cause or otherwise result in any retroactive adjustment of disability or other payments made between January 1, 2011 and January 1, 2024. (c) A member or participant is entitled to a retirement annuity upon written application if he or she has attained age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article. A member or participant who has attained age 62 (age 60, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article may elect to receive the lower retirement annuity provided in subsection (d) of this Section. (c-5) A person who first becomes a member or a participant subject to this Section on or after July 6, 2017 (the effective date of Public Act 100-23), notwithstanding any other provision of this Code to the contrary, is entitled to a retirement annuity under Article 8 or Article 11 upon written application if he or she has attained age 65 and has at least 10 years of service credit and is otherwise eligible under the requirements of Article 8 or Article 11 of this Code, whichever is applicable. (d) The retirement annuity of a member or participant who is retiring after attaining age 62 (age 60, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section). (d-5) The retirement annuity payable under Article 8 or Article 11 to an eligible person subject to subsection (c-5) of this Section who is retiring at age 60 with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 65. (d-10) Each person who first became a member or participant under Article 8 or Article 11 of this Code on or after January 1, 2011 and prior to July 6, 2017 (the effective date of Public Act 100-23) shall make an irrevocable election either: (i) to be eligible for the reduced retirement age | ||
| ||
(ii) to not agree to item (i) of this subsection | ||
| ||
The election provided for in this subsection shall be made between October 1, 2017 and November 15, 2017. A person subject to this subsection who makes the required election shall remain bound by that election. A person subject to this subsection who fails for any reason to make the required election within the time specified in this subsection shall be deemed to have made the election under item (ii). (d-15) Each person who first becomes a member or participant under Article 12 on or after January 1, 2011 and prior to January 1, 2022 shall make an irrevocable election either: (i) to be eligible for the reduced retirement age | ||
| ||
(ii) to not agree to item (i) of this subsection | ||
| ||
The election provided for in this subsection shall be made between January 1, 2022 and April 1, 2022. A person subject to this subsection who makes the required election shall remain bound by that election. A person subject to this subsection who fails for any reason to make the required election within the time specified in this subsection shall be deemed to have made the election under item (ii). (e) Any retirement annuity or supplemental annuity shall be subject to annual increases on the January 1 occurring either on or after the attainment of age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15); and beginning on July 6, 2017 (the effective date of Public Act 100-23), age 65 with respect to service under Article 8 or Article 11 for eligible persons who: (i) are subject to subsection (c-5) of this Section; or (ii) made the election under item (i) of subsection (d-10) of this Section) or the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. For the purposes of Section 1-103.1 of this Code, the changes made to this Section by Public Act 102-263 are applicable without regard to whether the employee was in active service on or after August 6, 2021 (the effective date of Public Act 102-263). For the purposes of Section 1-103.1 of this Code, the changes made to this Section by Public Act 100-23 are applicable without regard to whether the employee was in active service on or after July 6, 2017 (the effective date of Public Act 100-23). (f) The initial survivor's or widow's annuity of an otherwise eligible survivor or widow of a retired member or participant who first became a member or participant on or after January 1, 2011 shall be in the amount of 66 2/3% of the retired member's or participant's retirement annuity at the date of death. In the case of the death of a member or participant who has not retired and who first became a member or participant on or after January 1, 2011, eligibility for a survivor's or widow's annuity shall be determined by the applicable Article of this Code. The initial benefit shall be 66 2/3% of the earned annuity without a reduction due to age. A child's annuity of an otherwise eligible child shall be in the amount prescribed under each Article if applicable. Any survivor's or widow's annuity shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity or (2) in other cases, on each January 1 occurring after the first anniversary of the commencement of the annuity. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted survivor's annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. (g) The benefits in Section 14-110 apply if the person is a fire fighter in the fire protection service of a department, a security employee of the Department of Corrections or the Department of Juvenile Justice, or a security employee of the Department of Innovation and Technology, as those terms are defined in subsection (b) and subsection (c) of Section 14-110. A person who meets the requirements of this Section is entitled to an annuity calculated under the provisions of Section 14-110, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 60, regardless of whether the attainment of age 60 occurs while the person is still in service. (g-5) The benefits in Section 14-110 apply if the person is a State policeman, investigator for the Secretary of State, conservation police officer, investigator for the Department of Revenue or the Illinois Gaming Board, investigator for the Office of the Attorney General, Commerce Commission police officer, or arson investigator, as those terms are defined in subsection (b) and subsection (c) of Section 14-110. A person who meets the requirements of this Section is entitled to an annuity calculated under the provisions of Section 14-110, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. (h) If a person who first becomes a member or a participant of a retirement system or pension fund subject to this Section on or after January 1, 2011 is receiving a retirement annuity or retirement pension under that system or fund and becomes a member or participant under any other system or fund created by this Code and is employed on a full-time basis, except for those members or participants exempted from the provisions of this Section under subsection (a) of this Section, then the person's retirement annuity or retirement pension under that system or fund shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity or retirement pension payments shall resume and be recalculated if recalculation is provided for under the applicable Article of this Code. If a person who first becomes a member of a retirement system or pension fund subject to this Section on or after January 1, 2012 and is receiving a retirement annuity or retirement pension under that system or fund and accepts on a contractual basis a position to provide services to a governmental entity from which he or she has retired, then that person's annuity or retirement pension earned as an active employee of the employer shall be suspended during that contractual service. A person receiving an annuity or retirement pension under this Code shall notify the pension fund or retirement system from which he or she is receiving an annuity or retirement pension, as well as his or her contractual employer, of his or her retirement status before accepting contractual employment. A person who fails to submit such notification shall be guilty of a Class A misdemeanor and required to pay a fine of $1,000. Upon termination of that contractual employment, the person's retirement annuity or retirement pension payments shall resume and, if appropriate, be recalculated under the applicable provisions of this Code. (i) (Blank). (j) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. 5-6-22; 103-529, eff. 8-11-23.) (Text of Section from P.A. 102-813) Sec. 1-160. Provisions applicable to new hires. (a) The provisions of this Section apply to a person who, on or after January 1, 2011, first becomes a member or a participant under any reciprocal retirement system or pension fund established under this Code, other than a retirement system or pension fund established under Article 2, 3, 4, 5, 6, 7, 15, or 18 of this Code, notwithstanding any other provision of this Code to the contrary, but do not apply to any self-managed plan established under this Code or to any participant of the retirement plan established under Section 22-101; except that this Section applies to a person who elected to establish alternative credits by electing in writing after January 1, 2011, but before August 8, 2011, under Section 7-145.1 of this Code. Notwithstanding anything to the contrary in this Section, for purposes of this Section, a person who is a Tier 1 regular employee as defined in Section 7-109.4 of this Code or who participated in a retirement system under Article 15 prior to January 1, 2011 shall be deemed a person who first became a member or participant prior to January 1, 2011 under any retirement system or pension fund subject to this Section. The changes made to this Section by Public Act 98-596 are a clarification of existing law and are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-889), notwithstanding the provisions of Section 1-103.1 of this Code. This Section does not apply to a person who first becomes a noncovered employee under Article 14 on or after the implementation date of the plan created under Section 1-161 for that Article, unless that person elects under subsection (b) of Section 1-161 to instead receive the benefits provided under this Section and the applicable provisions of that Article. This Section does not apply to a person who first becomes a member or participant under Article 16 on or after the implementation date of the plan created under Section 1-161 for that Article, unless that person elects under subsection (b) of Section 1-161 to instead receive the benefits provided under this Section and the applicable provisions of that Article. This Section does not apply to a person who elects under subsection (c-5) of Section 1-161 to receive the benefits under Section 1-161. This Section does not apply to a person who first becomes a member or participant of an affected pension fund on or after 6 months after the resolution or ordinance date, as defined in Section 1-162, unless that person elects under subsection (c) of Section 1-162 to receive the benefits provided under this Section and the applicable provisions of the Article under which he or she is a member or participant. (b) "Final average salary" means, except as otherwise provided in this subsection, the average monthly (or annual) salary obtained by dividing the total salary or earnings calculated under the Article applicable to the member or participant during the 96 consecutive months (or 8 consecutive years) of service within the last 120 months (or 10 years) of service in which the total salary or earnings calculated under the applicable Article was the highest by the number of months (or years) of service in that period. For the purposes of a person who first becomes a member or participant of any retirement system or pension fund to which this Section applies on or after January 1, 2011, in this Code, "final average salary" shall be substituted for the following: (1) (Blank). (2) In Articles 8, 9, 10, 11, and 12, "highest | ||
| ||
(3) In Article 13, "average final salary". (4) In Article 14, "final average compensation". (5) In Article 17, "average salary". (6) In Section 22-207, "wages or salary received by | ||
| ||
A member of the Teachers' Retirement System of the State of Illinois who retires on or after June 1, 2021 and for whom the 2020-2021 school year is used in the calculation of the member's final average salary shall use the higher of the following for the purpose of determining the member's final average salary: (A) the amount otherwise calculated under the first | ||
| ||
(B) an amount calculated by the Teachers' Retirement | ||
| ||
(b-5) Beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the retirement systems and pension funds by November 1 of each year. (b-10) Beginning on January 1, 2024, for all purposes under this Code (including, without limitation, the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant under Article 9 to whom this Section applies shall include an annual earnings, salary, or wage cap that tracks the Social Security wage base. Maximum annual earnings, wages, or salary shall be the annual contribution and benefit base established for the applicable year by the Commissioner of the Social Security Administration under the federal Social Security Act. However, in no event shall the annual earnings, salary, or wages for the purposes of this Article and Article 9 exceed any limitation imposed on annual earnings, salary, or wages under Section 1-117. Under no circumstances shall the maximum amount of annual earnings, salary, or wages be greater than the amount set forth in this subsection (b-10) as a result of reciprocal service or any provisions regarding reciprocal services, nor shall the Fund under Article 9 be required to pay any refund as a result of the application of this maximum annual earnings, salary, and wage cap. Nothing in this subsection (b-10) shall cause or otherwise result in any retroactive adjustment of any employee contributions. Nothing in this subsection (b-10) shall cause or otherwise result in any retroactive adjustment of disability or other payments made between January 1, 2011 and January 1, 2024. (c) A member or participant is entitled to a retirement annuity upon written application if he or she has attained age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article. A member or participant who has attained age 62 (age 60, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article may elect to receive the lower retirement annuity provided in subsection (d) of this Section. (c-5) A person who first becomes a member or a participant subject to this Section on or after July 6, 2017 (the effective date of Public Act 100-23), notwithstanding any other provision of this Code to the contrary, is entitled to a retirement annuity under Article 8 or Article 11 upon written application if he or she has attained age 65 and has at least 10 years of service credit and is otherwise eligible under the requirements of Article 8 or Article 11 of this Code, whichever is applicable. (d) The retirement annuity of a member or participant who is retiring after attaining age 62 (age 60, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section). (d-5) The retirement annuity payable under Article 8 or Article 11 to an eligible person subject to subsection (c-5) of this Section who is retiring at age 60 with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 65. (d-10) Each person who first became a member or participant under Article 8 or Article 11 of this Code on or after January 1, 2011 and prior to July 6, 2017 (the effective date of Public Act 100-23) shall make an irrevocable election either: (i) to be eligible for the reduced retirement age | ||
| ||
(ii) to not agree to item (i) of this subsection | ||
| ||
The election provided for in this subsection shall be made between October 1, 2017 and November 15, 2017. A person subject to this subsection who makes the required election shall remain bound by that election. A person subject to this subsection who fails for any reason to make the required election within the time specified in this subsection shall be deemed to have made the election under item (ii). (d-15) Each person who first becomes a member or participant under Article 12 on or after January 1, 2011 and prior to January 1, 2022 shall make an irrevocable election either: (i) to be eligible for the reduced retirement age | ||
| ||
(ii) to not agree to item (i) of this subsection | ||
| ||
The election provided for in this subsection shall be made between January 1, 2022 and April 1, 2022. A person subject to this subsection who makes the required election shall remain bound by that election. A person subject to this subsection who fails for any reason to make the required election within the time specified in this subsection shall be deemed to have made the election under item (ii). (e) Any retirement annuity or supplemental annuity shall be subject to annual increases on the January 1 occurring either on or after the attainment of age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15); and beginning on July 6, 2017 (the effective date of Public Act 100-23), age 65 with respect to service under Article 8 or Article 11 for eligible persons who: (i) are subject to subsection (c-5) of this Section; or (ii) made the election under item (i) of subsection (d-10) of this Section) or the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. For the purposes of Section 1-103.1 of this Code, the changes made to this Section by Public Act 102-263 are applicable without regard to whether the employee was in active service on or after August 6, 2021 (the effective date of Public Act 102-263). For the purposes of Section 1-103.1 of this Code, the changes made to this Section by Public Act 100-23 are applicable without regard to whether the employee was in active service on or after July 6, 2017 (the effective date of Public Act 100-23). (f) The initial survivor's or widow's annuity of an otherwise eligible survivor or widow of a retired member or participant who first became a member or participant on or after January 1, 2011 shall be in the amount of 66 2/3% of the retired member's or participant's retirement annuity at the date of death. In the case of the death of a member or participant who has not retired and who first became a member or participant on or after January 1, 2011, eligibility for a survivor's or widow's annuity shall be determined by the applicable Article of this Code. The initial benefit shall be 66 2/3% of the earned annuity without a reduction due to age. A child's annuity of an otherwise eligible child shall be in the amount prescribed under each Article if applicable. Any survivor's or widow's annuity shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity or (2) in other cases, on each January 1 occurring after the first anniversary of the commencement of the annuity. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted survivor's annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. (g) The benefits in Section 14-110 apply only if the person is a State policeman, a fire fighter in the fire protection service of a department, a conservation police officer, an investigator for the Secretary of State, an arson investigator, a Commerce Commission police officer, investigator for the Department of Revenue or the Illinois Gaming Board, a security employee of the Department of Corrections or the Department of Juvenile Justice, or a security employee of the Department of Innovation and Technology, as those terms are defined in subsection (b) and subsection (c) of Section 14-110. A person who meets the requirements of this Section is entitled to an annuity calculated under the provisions of Section 14-110, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 60, regardless of whether the attainment of age 60 occurs while the person is still in service. (h) If a person who first becomes a member or a participant of a retirement system or pension fund subject to this Section on or after January 1, 2011 is receiving a retirement annuity or retirement pension under that system or fund and becomes a member or participant under any other system or fund created by this Code and is employed on a full-time basis, except for those members or participants exempted from the provisions of this Section under subsection (a) of this Section, then the person's retirement annuity or retirement pension under that system or fund shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity or retirement pension payments shall resume and be recalculated if recalculation is provided for under the applicable Article of this Code. If a person who first becomes a member of a retirement system or pension fund subject to this Section on or after January 1, 2012 and is receiving a retirement annuity or retirement pension under that system or fund and accepts on a contractual basis a position to provide services to a governmental entity from which he or she has retired, then that person's annuity or retirement pension earned as an active employee of the employer shall be suspended during that contractual service. A person receiving an annuity or retirement pension under this Code shall notify the pension fund or retirement system from which he or she is receiving an annuity or retirement pension, as well as his or her contractual employer, of his or her retirement status before accepting contractual employment. A person who fails to submit such notification shall be guilty of a Class A misdemeanor and required to pay a fine of $1,000. Upon termination of that contractual employment, the person's retirement annuity or retirement pension payments shall resume and, if appropriate, be recalculated under the applicable provisions of this Code. (i) (Blank). (j) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. 5-13-22; 103-529, eff. 8-11-23.) (Text of Section from P.A. 102-956) Sec. 1-160. Provisions applicable to new hires. (a) The provisions of this Section apply to a person who, on or after January 1, 2011, first becomes a member or a participant under any reciprocal retirement system or pension fund established under this Code, other than a retirement system or pension fund established under Article 2, 3, 4, 5, 6, 7, 15, or 18 of this Code, notwithstanding any other provision of this Code to the contrary, but do not apply to any self-managed plan established under this Code or to any participant of the retirement plan established under Section 22-101; except that this Section applies to a person who elected to establish alternative credits by electing in writing after January 1, 2011, but before August 8, 2011, under Section 7-145.1 of this Code. Notwithstanding anything to the contrary in this Section, for purposes of this Section, a person who is a Tier 1 regular employee as defined in Section 7-109.4 of this Code or who participated in a retirement system under Article 15 prior to January 1, 2011 shall be deemed a person who first became a member or participant prior to January 1, 2011 under any retirement system or pension fund subject to this Section. The changes made to this Section by Public Act 98-596 are a clarification of existing law and are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-889), notwithstanding the provisions of Section 1-103.1 of this Code. This Section does not apply to a person who first becomes a noncovered employee under Article 14 on or after the implementation date of the plan created under Section 1-161 for that Article, unless that person elects under subsection (b) of Section 1-161 to instead receive the benefits provided under this Section and the applicable provisions of that Article. This Section does not apply to a person who first becomes a member or participant under Article 16 on or after the implementation date of the plan created under Section 1-161 for that Article, unless that person elects under subsection (b) of Section 1-161 to instead receive the benefits provided under this Section and the applicable provisions of that Article. This Section does not apply to a person who elects under subsection (c-5) of Section 1-161 to receive the benefits under Section 1-161. This Section does not apply to a person who first becomes a member or participant of an affected pension fund on or after 6 months after the resolution or ordinance date, as defined in Section 1-162, unless that person elects under subsection (c) of Section 1-162 to receive the benefits provided under this Section and the applicable provisions of the Article under which he or she is a member or participant. (b) "Final average salary" means, except as otherwise provided in this subsection, the average monthly (or annual) salary obtained by dividing the total salary or earnings calculated under the Article applicable to the member or participant during the 96 consecutive months (or 8 consecutive years) of service within the last 120 months (or 10 years) of service in which the total salary or earnings calculated under the applicable Article was the highest by the number of months (or years) of service in that period. For the purposes of a person who first becomes a member or participant of any retirement system or pension fund to which this Section applies on or after January 1, 2011, in this Code, "final average salary" shall be substituted for the following: (1) (Blank). (2) In Articles 8, 9, 10, 11, and 12, "highest | ||
| ||
(3) In Article 13, "average final salary". (4) In Article 14, "final average compensation". (5) In Article 17, "average salary". (6) In Section 22-207, "wages or salary received by | ||
| ||
A member of the Teachers' Retirement System of the State of Illinois who retires on or after June 1, 2021 and for whom the 2020-2021 school year is used in the calculation of the member's final average salary shall use the higher of the following for the purpose of determining the member's final average salary: (A) the amount otherwise calculated under the first | ||
| ||
(B) an amount calculated by the Teachers' Retirement | ||
| ||
(b-5) Beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the retirement systems and pension funds by November 1 of each year. (b-10) Beginning on January 1, 2024, for all purposes under this Code (including, without limitation, the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant under Article 9 to whom this Section applies shall include an annual earnings, salary, or wage cap that tracks the Social Security wage base. Maximum annual earnings, wages, or salary shall be the annual contribution and benefit base established for the applicable year by the Commissioner of the Social Security Administration under the federal Social Security Act. However, in no event shall the annual earnings, salary, or wages for the purposes of this Article and Article 9 exceed any limitation imposed on annual earnings, salary, or wages under Section 1-117. Under no circumstances shall the maximum amount of annual earnings, salary, or wages be greater than the amount set forth in this subsection (b-10) as a result of reciprocal service or any provisions regarding reciprocal services, nor shall the Fund under Article 9 be required to pay any refund as a result of the application of this maximum annual earnings, salary, and wage cap. Nothing in this subsection (b-10) shall cause or otherwise result in any retroactive adjustment of any employee contributions. Nothing in this subsection (b-10) shall cause or otherwise result in any retroactive adjustment of disability or other payments made between January 1, 2011 and January 1, 2024. (c) A member or participant is entitled to a retirement annuity upon written application if he or she has attained age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article. A member or participant who has attained age 62 (age 60, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article may elect to receive the lower retirement annuity provided in subsection (d) of this Section. (c-5) A person who first becomes a member or a participant subject to this Section on or after July 6, 2017 (the effective date of Public Act 100-23), notwithstanding any other provision of this Code to the contrary, is entitled to a retirement annuity under Article 8 or Article 11 upon written application if he or she has attained age 65 and has at least 10 years of service credit and is otherwise eligible under the requirements of Article 8 or Article 11 of this Code, whichever is applicable. (d) The retirement annuity of a member or participant who is retiring after attaining age 62 (age 60, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section) with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of this Section). (d-5) The retirement annuity payable under Article 8 or Article 11 to an eligible person subject to subsection (c-5) of this Section who is retiring at age 60 with at least 10 years of service credit shall be reduced by one-half of 1% for each full month that the member's age is under age 65. (d-10) Each person who first became a member or participant under Article 8 or Article 11 of this Code on or after January 1, 2011 and prior to July 6, 2017 (the effective date of Public Act 100-23) shall make an irrevocable election either: (i) to be eligible for the reduced retirement age | ||
| ||
(ii) to not agree to item (i) of this subsection | ||
| ||
The election provided for in this subsection shall be made between October 1, 2017 and November 15, 2017. A person subject to this subsection who makes the required election shall remain bound by that election. A person subject to this subsection who fails for any reason to make the required election within the time specified in this subsection shall be deemed to have made the election under item (ii). (d-15) Each person who first becomes a member or participant under Article 12 on or after January 1, 2011 and prior to January 1, 2022 shall make an irrevocable election either: (i) to be eligible for the reduced retirement age | ||
| ||
(ii) to not agree to item (i) of this subsection | ||
| ||
The election provided for in this subsection shall be made between January 1, 2022 and April 1, 2022. A person subject to this subsection who makes the required election shall remain bound by that election. A person subject to this subsection who fails for any reason to make the required election within the time specified in this subsection shall be deemed to have made the election under item (ii). (e) Any retirement annuity or supplemental annuity shall be subject to annual increases on the January 1 occurring either on or after the attainment of age 67 (age 65, with respect to service under Article 12 that is subject to this Section, for a member or participant under Article 12 who first becomes a member or participant under Article 12 on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15); and beginning on July 6, 2017 (the effective date of Public Act 100-23), age 65 with respect to service under Article 8 or Article 11 for eligible persons who: (i) are subject to subsection (c-5) of this Section; or (ii) made the election under item (i) of subsection (d-10) of this Section) or the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. For the purposes of Section 1-103.1 of this Code, the changes made to this Section by Public Act 102-263 are applicable without regard to whether the employee was in active service on or after August 6, 2021 (the effective date of Public Act 102-263). For the purposes of Section 1-103.1 of this Code, the changes made to this Section by Public Act 100-23 are applicable without regard to whether the employee was in active service on or after July 6, 2017 (the effective date of Public Act 100-23). (f) The initial survivor's or widow's annuity of an otherwise eligible survivor or widow of a retired member or participant who first became a member or participant on or after January 1, 2011 shall be in the amount of 66 2/3% of the retired member's or participant's retirement annuity at the date of death. In the case of the death of a member or participant who has not retired and who first became a member or participant on or after January 1, 2011, eligibility for a survivor's or widow's annuity shall be determined by the applicable Article of this Code. The initial benefit shall be 66 2/3% of the earned annuity without a reduction due to age. A child's annuity of an otherwise eligible child shall be in the amount prescribed under each Article if applicable. Any survivor's or widow's annuity shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity or (2) in other cases, on each January 1 occurring after the first anniversary of the commencement of the annuity. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted survivor's annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. (g) The benefits in Section 14-110 apply only if the person is a State policeman, a fire fighter in the fire protection service of a department, a conservation police officer, an investigator for the Secretary of State, an investigator for the Office of the Attorney General, an arson investigator, a Commerce Commission police officer, investigator for the Department of Revenue or the Illinois Gaming Board, a security employee of the Department of Corrections or the Department of Juvenile Justice, or a security employee of the Department of Innovation and Technology, as those terms are defined in subsection (b) and subsection (c) of Section 14-110. A person who meets the requirements of this Section is entitled to an annuity calculated under the provisions of Section 14-110, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 60, regardless of whether the attainment of age 60 occurs while the person is still in service. (h) If a person who first becomes a member or a participant of a retirement system or pension fund subject to this Section on or after January 1, 2011 is receiving a retirement annuity or retirement pension under that system or fund and becomes a member or participant under any other system or fund created by this Code and is employed on a full-time basis, except for those members or participants exempted from the provisions of this Section under subsection (a) of this Section, then the person's retirement annuity or retirement pension under that system or fund shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity or retirement pension payments shall resume and be recalculated if recalculation is provided for under the applicable Article of this Code. If a person who first becomes a member of a retirement system or pension fund subject to this Section on or after January 1, 2012 and is receiving a retirement annuity or retirement pension under that system or fund and accepts on a contractual basis a position to provide services to a governmental entity from which he or she has retired, then that person's annuity or retirement pension earned as an active employee of the employer shall be suspended during that contractual service. A person receiving an annuity or retirement pension under this Code shall notify the pension fund or retirement system from which he or she is receiving an annuity or retirement pension, as well as his or her contractual employer, of his or her retirement status before accepting contractual employment. A person who fails to submit such notification shall be guilty of a Class A misdemeanor and required to pay a fine of $1,000. Upon termination of that contractual employment, the person's retirement annuity or retirement pension payments shall resume and, if appropriate, be recalculated under the applicable provisions of this Code. (i) (Blank). (j) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.(Source: P.A. 102-16, eff. 6-17-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff. 5-27-22; 103-529, eff. 8-11-23.) |
(40 ILCS 5/1-161) Sec. 1-161. Optional benefits for certain Tier 2 members under Articles 14, 15, and 16. (a) Notwithstanding any other provision of this Code to the contrary, the provisions of this Section apply to a person who first becomes a member or a participant under Article 14, 15, or 16 on or after the implementation date under this Section for the applicable Article and who does not make the election under subsection (b) or (c), whichever applies. The provisions of this Section also apply to a person who makes the election under subsection (c-5). However, the provisions of this Section do not apply to any participant in a self-managed plan, nor to a covered employee under Article 14. As used in this Section and Section 1-160, the "implementation date" under this Section means the earliest date upon which the board of a retirement system authorizes members of that system to begin participating in accordance with this Section, as determined by the board of that retirement system. Each of the retirement systems subject to this Section shall endeavor to make such participation available as soon as possible after the effective date of this Section and shall establish an implementation date by board resolution. (b) In lieu of the benefits provided under this Section, a member or participant, except for a participant under Article 15, may irrevocably elect the benefits under Section 1-160 and the benefits otherwise applicable to that member or participant. The election must be made within 30 days after becoming a member or participant. Each retirement system shall establish procedures for making this election. (c) A participant under Article 15 may irrevocably elect the benefits otherwise provided to a Tier 2 member under Article 15. The election must be made within 30 days after becoming a member. The retirement system under Article 15 shall establish procedures for making this election. (c-5) A non-covered participant under Article 14 to whom Section 1-160 applies, a Tier 2 member under Article 15, or a participant under Article 16 to whom Section 1-160 applies may irrevocably elect to receive the benefits under this Section in lieu of the benefits under Section 1-160 or the benefits otherwise available to a Tier 2 member under Article 15, whichever is applicable. Each retirement System shall establish procedures for making this election. (d) "Final average salary" means the average monthly (or annual) salary obtained by dividing the total salary or earnings calculated under the Article applicable to the member or participant during the last 120 months (or 10 years) of service in which the total salary or earnings calculated under the applicable Article was the highest by the number of months (or years) of service in that period. For the purposes of a person to whom this Section applies, in this Code, "final average salary" shall be substituted for "final average compensation" in Article 14. (e) Beginning on the implementation date, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual earnings, salary, compensation, or wages (based on the plan year) of a member or participant to whom this Section applies shall not at any time exceed the federal Social Security Wage Base then in effect. (f) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained the normal retirement age determined by the Social Security Administration for that member or participant's year of birth, but no earlier than 67 years of age, and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article. (g) The amount of the retirement annuity to which a member or participant is entitled shall be computed by multiplying 1.25% for each year of service credit by his or her final average salary. (h) Any retirement annuity or supplemental annuity shall be subject to annual increases on the first anniversary of the annuity start date. Each annual increase shall be one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-w for the 12 months ending with the September preceding each November 1 of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-w for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. For the purposes of this Section, "consumer price index-w" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by Urban Wage Earners and Clerical Workers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the retirement systems and pension funds by November 1 of each year. (i) The initial survivor's or widow's annuity of an otherwise eligible survivor or widow of a retired member or participant to whom this Section applies shall be in the amount of 66 2/3% of the retired member's or participant's retirement annuity at the date of death. In the case of the death of a member or participant who has not retired and to whom this Section applies, eligibility for a survivor's or widow's annuity shall be determined by the applicable Article of this Code. The benefit shall be 66 2/3% of the earned annuity without a reduction due to age. A child's annuity of an otherwise eligible child shall be in the amount prescribed under each Article if applicable. (j) In lieu of any other employee contributions, except for the contribution to the defined contribution plan under subsection (k) of this Section, each employee shall contribute 6.2% of his her or salary to the retirement system. However, the employee contribution under this subsection shall not exceed the amount of the total normal cost of the benefits for all members making contributions under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll and certified on or before January 15 of each year by the board of trustees of the retirement system. If the board of trustees of the retirement system certifies that the 6.2% employee contribution rate exceeds the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), then on or before December 1 of that year, the board of trustees shall certify the amount of the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll, to the State Actuary and the Commission on Government Forecasting and Accountability, and the employee contribution under this subsection shall be reduced to that amount beginning July 1 of that year. Thereafter, if the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll and certified on or before January 1 of each year by the board of trustees of the retirement system, exceeds 6.2% of salary, then on or before January 15 of that year, the board of trustees shall certify the normal cost to the State Actuary and the Commission on Government Forecasting and Accountability, and the employee contributions shall revert back to 6.2% of salary beginning January 1 of the following year. (k) In accordance with each retirement system's implementation date, each retirement system under Article 14, 15, or 16 shall prepare and implement a defined contribution plan for members or participants who are subject to this Section. The defined contribution plan developed under this subsection shall be a plan that aggregates employer and employee contributions in individual participant accounts which, after meeting any other requirements, are used for payouts after retirement in accordance with this subsection and any other applicable laws. (1) Each member or participant shall contribute a | ||
| ||
(2) For each participant in the defined contribution | ||
| ||
(3) Employer contributions shall vest when those | ||
| ||
(4) The defined contribution plan shall provide a | ||
| ||
(5) The defined contribution plan shall provide a | ||
| ||
(6) To the extent authorized under federal law and as | ||
| ||
(7) Each retirement system shall reduce the employee | ||
| ||
(8) No person shall begin participating in the | ||
| ||
(l) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.
(Source: P.A. 100-23, eff. 7-6-17.) |
(40 ILCS 5/1-162) Sec. 1-162. Optional benefits for certain Tier 2 members of pension funds under Articles 8, 9, 10, 11, 12, and 17. (a) As used in this Section: "Affected pension fund" means a pension fund established under Article 8, 9, 10, 11, 12, or 17 that the governing body of the unit of local government has designated as an affected pension fund by adoption of a resolution or ordinance. "Resolution or ordinance date" means the date on which the governing body of the unit of local government designates a pension fund under Article 8, 9, 10, 11, 12, or 17 as an affected pension fund by adoption of a resolution or ordinance or July 1, 2018, whichever is later. (b) Notwithstanding any other provision of this Code to the contrary, the provisions of this Section apply to a person who first becomes a member or a participant in an affected pension fund on or after 6 months after the resolution or ordinance date and who does not make the election under subsection (c). (c) In lieu of the benefits provided under this Section, a member or participant may irrevocably elect the benefits under Section 1-160 and the benefits otherwise applicable to that member or participant. The election must be made within 30 days after becoming a member or participant. Each affected pension fund shall establish procedures for making this election. (d) "Final average salary" means the average monthly (or annual) salary obtained by dividing the total salary or earnings calculated under the Article applicable to the member or participant during the last 120 months (or 10 years) of service in which the total salary or earnings calculated under the applicable Article was the highest by the number of months (or years) of service in that period. For the purposes of a person who first becomes a member or participant of an affected pension fund on or after 6 months after the ordinance or resolution date, in this Code, "final average salary" shall be substituted for the following: (1) In Articles 8, 9, 10, 11, and 12, "highest | ||
| ||
(2) In Article 17, "average salary". (e) Beginning 6 months after the resolution or ordinance date, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual earnings, salary, or wages (based on the plan year) of a member or participant to whom this Section applies shall not at any time exceed the federal Social Security Wage Base then in effect. (f) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained the normal retirement age determined by the Social Security Administration for that member or participant's year of birth, but no earlier than 67 years of age, and has at least 10 years of service credit and is otherwise eligible under the requirements of the applicable Article. (g) The amount of the retirement annuity to which a member or participant is entitled shall be computed by multiplying 1.25% for each year of service credit by his or her final average salary. (h) Any retirement annuity or supplemental annuity shall be subject to annual increases on the first anniversary of the annuity start date. Each annual increase shall be one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-w for the 12 months ending with the September preceding each November 1 of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-w for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. For the purposes of this Section, "consumer price index-w" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by Urban Wage Earners and Clerical Workers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the retirement systems and pension funds by November 1 of each year. (i) The initial survivor's or widow's annuity of an otherwise eligible survivor or widow of a retired member or participant who first became a member or participant on or after 6 months after the resolution or ordinance date shall be in the amount of 66 2/3% of the retired member's or participant's retirement annuity at the date of death. In the case of the death of a member or participant who has not retired and who first became a member or participant on or after 6 months after the resolution or ordinance date, eligibility for a survivor's or widow's annuity shall be determined by the applicable Article of this Code. The benefit shall be 66 2/3% of the earned annuity without a reduction due to age. A child's annuity of an otherwise eligible child shall be in the amount prescribed under each Article if applicable. (j) In lieu of any other employee contributions, except for the contribution to the defined contribution plan under subsection (k) of this Section, each employee shall contribute 6.2% of his or her salary to the affected pension fund. However, the employee contribution under this subsection shall not exceed the amount of the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll and determined on or before November 1 of each year by the board of trustees of the affected pension fund. If the board of trustees of the affected pension fund determines that the 6.2% employee contribution rate exceeds the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), then on or before December 1 of that year, the board of trustees shall certify the amount of the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll, to the State Actuary and the Commission on Government Forecasting and Accountability, and the employee contribution under this subsection shall be reduced to that amount beginning January 1 of the following year. Thereafter, if the normal cost of the benefits under this Section (except for the defined contribution plan under subsection (k) of this Section), expressed as a percentage of payroll and determined on or before November 1 of each year by the board of trustees of the affected pension fund, exceeds 6.2% of salary, then on or before December 1 of that year, the board of trustees shall certify the normal cost to the State Actuary and the Commission on Government Forecasting and Accountability, and the employee contributions shall revert back to 6.2% of salary beginning January 1 of the following year. (k) No later than 5 months after the resolution or ordinance date, an affected pension fund shall prepare and implement a defined contribution plan for members or participants who are subject to this Section. The defined contribution plan developed under this subsection shall be a plan that aggregates employer and employee contributions in individual participant accounts which, after meeting any other requirements, are used for payouts after retirement in accordance with this subsection and any other applicable laws. (1) Each member or participant shall contribute a | ||
| ||
(2) For each participant in the defined contribution | ||
| ||
(3) Employer contributions shall vest when those | ||
| ||
(4) The defined contribution plan shall provide a | ||
| ||
(5) The defined contribution plan shall provide a | ||
| ||
(6) To the extent authorized under federal law and as | ||
| ||
(7) Each affected pension fund shall reduce the | ||
| ||
(8) No person shall begin participating in the | ||
| ||
(l) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.
(Source: P.A. 100-23, eff. 7-6-17; 101-81, eff. 7-12-19.) |
(40 ILCS 5/1-165) Sec. 1-165. Commission on Government Forecasting and Accountability study. The Commission on Government Forecasting and Accountability shall conduct a study on the feasibility of: (1) the creation of an investment pool to supplement | ||
| ||
(2) enacting a contribution cost-share component | ||
| ||
The Commission shall issue a report on its findings on or before December 31, 2011.
(Source: P.A. 96-1495, eff. 1-1-11.) |
(40 ILCS 5/1-166) Sec. 1-166. Proportional annuity liability. (a) If a participant's final average salary in a participating system under the Retirement Systems Reciprocal
Act, other than the General Assembly Retirement System, is used to calculate a proportional retirement annuity for that participant under the General Assembly Retirement System, if that final average salary is higher than the highest salary for annuity purposes of that person under the General Assembly Retirement System, and if the participant retires after the effective date of this Section with less than 2 years of service that has accrued in that participating system since his or her last day of active participation in the General Assembly Retirement System, then the increased cost of the proportional annuity paid by the General Assembly Retirement System that is attributable to that higher level of compensation shall be paid by the employer of the participant under that other participating system to the General Assembly Retirement System in the form of a lump sum
payment determined by the General Assembly Retirement System in accordance with its annuity tables and other actuarial assumptions. (b) For the purposes of this Section, "final average salary in a participating system under the Retirement Systems Reciprocal
Act, other than the General Assembly Retirement System," includes: (1) In Section 1-160 and Articles 16 and 18, "final | ||
| ||
(2) In Articles 7 and 15, "final rate of earnings". (3) In Articles 8, 9, 10, 11, and 12, "highest | ||
| ||
(4) In Article 13, "average final salary". (5) In Article 14, "final average compensation". (6) In Article 17, "average salary". (7) In Section 22-207, "wages or salary received by | ||
| ||
(c) If an employer fails to pay the amount required under this Section to the General Assembly Retirement System for more than
90 days after the payment is due, the System, after
giving notice to the employer, may certify to
the State Comptroller the amount of the delinquent payment and the
Comptroller shall deduct the amount so certified or any part thereof
from any payment of State funds to the employer and shall pay the amount so deducted to the System. If State
funds from which such deductions may be made are not available, then the System
may proceed against the employer to recover the
amount of the delinquent payment in the appropriate circuit court.
(Source: P.A. 97-967, eff. 8-16-12.) |
(40 ILCS 5/1-167) Sec. 1-167. Prohibited disclosures. No pension fund or retirement system subject to this Code shall disclose the following information of any members or participants of any pension fund or retirement system: (1) the individual's home address (including ZIP code and county); (2) the individual's date of birth; (3) the individual's home and personal phone number; (4) the individual's personal email address; (5) personally identifying member or participant deduction information; or (6) any membership status in a labor organization or other voluntary association affiliated with a labor organization or labor federation (including whether participants are members of such organization, the identity of such organization, whether or not participants pay or authorize the payment of any dues or moneys to such organization, and the amounts of such dues or moneys). This Section does not apply to disclosures (i) required under the Freedom of Information Act, (ii) for purposes of conducting public operations or business, or (iii) to a labor organization or other voluntary association affiliated with a labor organization or labor federation or to the Municipal Employees Society of Chicago.
(Source: P.A. 103-552, eff. 8-11-23.) |
(40 ILCS 5/Art. 1A heading) ARTICLE 1A.
REGULATION OF PUBLIC PENSION FUNDS
|
(40 ILCS 5/1A-101)
Sec. 1A-101.
Creation of Public Pension Division.
There is created in the
Department of Insurance a Public Pension Division which, under the supervision
and direction of the Director of Insurance, shall exercise the powers and
perform the duties and functions prescribed under this Code. The Division
shall consist of an administrator, a supervisor, a technical staff trained in
the fundamentals of public pension fund planning, operations, administration,
and investment of public pension funds, and such other personnel as may be
necessary properly and effectively to discharge the functions of the
Division.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1A-102)
Sec. 1A-102. Definitions. As used in this Article, the following terms
have the meanings ascribed to them in this Section, unless the context
otherwise requires:
"Accrued liability" means the actuarial present value of future benefit
payments and appropriate administrative expenses under a plan, reduced by the
actuarial present value of all future normal costs (including any participant
contributions) with respect to the participants included in the actuarial
valuation of the plan.
"Actuarial present value" means the single amount, as of a given valuation
date, that results from applying actuarial assumptions to an amount or series
of amounts payable or receivable at various times.
"Actuarial value of assets" means the value assigned by the actuary to the
assets of a plan for the purposes of an actuarial valuation.
"Basis point" means 1/100th of one percent.
"Beneficiary" means a person eligible for or receiving benefits from a
pension fund as provided in the Article of this Code under which the fund is
established.
"Consolidated Fund" means: (i) with respect to the pension funds established under Article 3 of this Code, the Police Officers' Pension Investment Fund established under Article 22B of this Code; and (ii) with respect to the pension funds established under Article 4 of this Code, the Firefighters' Pension Investment Fund established under Article 22C of this Code. "Credited projected benefit" means that portion of a participant's projected
benefit based on an allocation taking into account service to date determined
in accordance with the terms of the plan based on anticipated future
compensation.
"Current value" means the fair market value when available; otherwise, the
fair value as determined in good faith by a trustee, assuming an orderly
liquidation at the time of the determination.
"Department" means the Department of Insurance of the State of Illinois.
"Director" means the Director of the Department of Insurance.
"Division" means the Public Pension Division of the Department of Insurance.
"Governmental unit" means the State of Illinois, any instrumentality or
agency thereof (except transit authorities or agencies operating within or
within and without cities with a population over 3,000,000), and any political
subdivision or municipal corporation that establishes and maintains a public
pension fund.
"Normal cost" means that part of the actuarial present value of all future
benefit payments and appropriate administrative expenses assigned to the
current year under the actuarial valuation method used by the plan (excluding
any amortization of the unfunded accrued liability).
"Participant" means a participating member or deferred pensioner or annuitant
of a pension fund as provided in the Article of this Code under which the
pension fund is established, or a beneficiary thereof.
"Pension fund" means any public pension fund, annuity and benefit fund, or
retirement system established under this Code.
"Plan year" means the calendar or fiscal year on which the records of a given
plan are kept.
"Projected benefits" means benefit amounts under a plan which are expected
to be paid at various future times under a particular set of actuarial
assumptions, taking into account, as applicable, the effect of advancement
in age and past and anticipated future compensation and service credits.
"Supplemental annual cost" means that portion of the unfunded accrued
liability assigned to the current year under one of the following bases:
(1) interest only on the unfunded accrued liability;
(2) the level annual amount required to amortize the | ||
| ||
(3) the amount required for the current year to | ||
| ||
"Total annual cost" means the sum of the normal cost plus the supplemental
annual cost.
"Transition period" means the period described in Section 22B-120 with respect to the pension funds established under Article 3 of this Code and the period described in Section 22C-120 with respect to the pension funds established under Article 4 of this Code. "Unfunded accrued liability" means the excess of the accrued liability over
the actuarial value of the assets of a plan.
"Vested pension benefit" means an interest obtained by a participant or
beneficiary in that part of an immediate or deferred benefit under a plan
which arises from the participant's service and is not conditional upon the
participant's continued service for an employer any of whose employees are
covered under the plan, and which has not been forfeited under the terms of the
plan.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/1A-103)
Sec. 1A-103.
Rules.
The Department is authorized to promulgate rules
necessary for the administration and enforcement of this Code. Except as
otherwise provided under this Code, these rules shall apply only to pension
funds established under Article 3 or Article 4 of this Code. Rules adopted
pursuant to this Section shall govern where conflict with local rules and
regulations exists.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1A-104)
Sec. 1A-104. Examinations and investigations.
(a) Except as described in the following paragraph with respect to pension funds established under Article 3 or 4 of this Code, the Division shall make periodic examinations and investigations of all
pension funds established under this Code and maintained for the benefit of
employees and officers of governmental units in the State of Illinois.
However, in lieu of making an examination and investigation, the Division
may accept and rely upon a report of audit or examination of any pension fund
made by an independent certified public accountant pursuant to the provisions
of the Article of this Code governing the pension fund. The acceptance of the
report of audit or examination does not bar the Division from making a further
audit, examination, and investigation if deemed necessary by the Division.
For pension funds established under Article 3 or 4 of this Code: (i) prior to the conclusion of the transition period, the Division shall make the periodic examinations and investigations described in the preceding paragraph; and (ii) after the conclusion of the transition period, the Division may accept and rely upon a report of audit or examination of such pension fund made by an independent certified public accountant retained by the Consolidated Fund. The acceptance of the report of audit or examination does not bar the Division from making a further audit, examination, and investigation if deemed necessary by the Division. The Department may implement a flexible system of examinations under
which it directs resources as it deems necessary or appropriate. In
consultation with the pension fund being examined, the Division may retain
attorneys, independent actuaries, independent certified public accountants, and
other professionals and specialists as examiners, the cost of which (except in
the case of pension funds established under Article 3 or 4) shall be borne by
the pension fund that is the subject of the examination.
(b) The Division or the Consolidated Fund, as appropriate, shall examine or investigate each pension fund established
under Article 3 or Article 4 of this Code. The schedule of each examination shall be such that each fund shall be examined once every 3 years.
Each examination shall include the following:
(1) an audit of financial transactions, investment | ||
| ||
(2) an examination of books, records, documents, | ||
| ||
(3) a review of policies and procedures maintained | ||
| ||
(4) a determination of whether or not full effect is | ||
| ||
(5) a determination of whether or not the | ||
| ||
(6) a determination of whether or not proper | ||
| ||
(7) a determination of whether or not the | ||
| ||
In addition, the Division or the Consolidated Fund, as appropriate, may conduct investigations, which shall be
identified as such and which may include one or more of the items listed in
this subsection.
A copy of the report of examination or investigation as prepared by the
Division or the Consolidated Fund, as appropriate, shall be submitted to the secretary of the board of trustees of the
pension fund examined or investigated and to the chief executive officer of the municipality. The Director, upon request, shall grant
a hearing to the officers or trustees of the pension fund and to the officers or trustees of the Consolidated Fund, as appropriate, or their duly
appointed representatives, upon any facts contained in the report of
examination. The hearing shall be conducted before filing the report or making
public any information contained in the report. The Director may withhold the
report from public inspection for up to 60 days following the hearing.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/1A-105)
Sec. 1A-105.
Examination and subpoena of records and witnesses.
The
Director may administer oaths and affirmations and summon and compel the
attendance before him or her and examine under oath any officer, trustee,
agent, actuary, attorney, or employee connected either directly or indirectly
with any pension fund, or any other person having information regarding the
condition, affairs, management, administration, or methods of conducting a
pension fund. The Director may require any person having possession of any
record, book, paper, contract, or other document pertaining to a pension fund
to surrender it or to otherwise afford the Director access to it and for
failure so to do the Director may attach the same.
Should any person fail to obey the summons of the Director or refuse to
surrender to him or her or afford him or her access to any such record, book,
paper, contract, or other document, the Director may apply to the circuit court
of the county in which the principal office of the pension fund involved is
located, and the court, if it finds that the Director has not exceeded his or
her authority in the matter, may, by order duly entered, require the attendance
of witnesses and the production of all relevant documents required by the
Director in carrying out his or her responsibilities under this Code. Upon
refusal or neglect to obey the order of the court, the court may compel
obedience by proceedings for contempt of court.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1A-106)
Sec. 1A-106.
Advisory services.
The Division shall render advisory
services to the pension funds on all matters pertaining to their operations
and shall recommend any corrective or clarifying legislation that it may deem
necessary. These recommendations shall be made in the report of examination of
the particular pension fund and in the biennial report to the General Assembly
under Section 1A-108. The recommendations may embrace all substantive
legislative and administrative policies, including, but not limited to, matters
dealing with the payment of annuities and benefits, the investment of funds,
and the condition of the books, records, and accounts of the pension fund.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1A-107)
Sec. 1A-107.
Automation of services.
The Division shall automate its
operations, services, and communications to the fullest practical extent. This
automation shall include, but need not be limited to, the acquisition, use, and
maintenance of electronic data processing technology to (i) automate Division
operations as necessary to carry out its duties and responsibilities under this
Code, (ii) provide by FY 2000 electronic exchange of information between the
Division and pension funds subject to this Code, (iii) provide to pension funds
and the general public and receive from pension funds and the general public
data on computer processible media, and (iv) control access to information when
necessary to protect the confidentiality of persons identified in the
information.
The Division shall ensure that this automation is designed so as to
protect any confidential data it may receive from a pension fund. This Section
does not authorize the Division or the Department of Insurance to disclose any
information identifying specific pension fund participants or relating to an
identifiable pension fund participant.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1A-108)
Sec. 1A-108. Report to the Governor and General Assembly. On or before
October 1 following the convening of a regular session of the General Assembly,
the Division shall submit a report to the Governor and General Assembly setting
forth the latest financial statements on the pension funds operating in the
State of Illinois, a summary of the current provisions underlying these funds,
and a report on any changes that have occurred in these provisions since the
date of the last such report submitted by the Division.
The report shall also include the results of examinations made by the
Division of any pension fund and any specific recommendations for legislative
and administrative correction that the Division deems necessary. The report
may embody general recommendations concerning desirable changes in any existing
pension, annuity, or retirement laws designed to standardize and establish
uniformity in their basic provisions and to bring about an improvement in the
financial condition of the pension funds. The purposes of these
recommendations and the objectives sought shall be clearly expressed in the
report.
The requirement for reporting to the General Assembly shall be satisfied by
filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act, and filing additional
copies with the State Government Report Distribution Center for the General
Assembly as required under paragraph (t) of Section 7 of the State Library
Act.
Upon request, the Division shall distribute additional copies of the report
at no charge to the secretary of each pension fund established under Article 3
or 4, the treasurer or fiscal officer of each municipality with an established
police or firefighter pension fund, the executive director of every other
pension fund established under this Code, and to public libraries, State
agencies, and police, firefighter, and municipal organizations active in the
public pension area.
(Source: P.A. 100-1148, eff. 12-10-18.)
|
(40 ILCS 5/1A-108.5) Sec. 1A-108.5. Economic opportunity investments.
(a) For the purposes of this Section: "Economic opportunity investment" means a qualified investment, managed passively or actively by the pension fund, that promotes economic development within the State of Illinois by providing financially prudent investment opportunities in or through the use of (a) Illinois businesses or (b) Illinois-based projects that promote the economy of the State or a region of the State, including without limitation promotion of venture capital programs, coal and other natural resource development, tourism development, infrastructure development, real estate development, and job development within the State of Illinois, while producing a competitive rate of return commensurate with the risk of investment. "Illinois business" means a business, including an investment adviser, that is headquartered in Illinois. "Illinois-based project" means an individual project of a business, including the provision of products and investment and other services to the pension fund, that will result in the conduct of business within the State, the employment of individuals within the State, or the acquisition of real property located within the State.
(b) It is the public policy of the State of Illinois to encourage the pension funds, and any State entity investing funds on behalf of pension funds, to promote the economy of Illinois through the use of economic opportunity investments to the greatest extent feasible within the bounds of financial and fiduciary prudence.
(c) Each pension fund, except pension funds created under Articles 3 and 4 of this Code, shall submit a report to the Governor and the General Assembly by September 1 of each year, beginning in 2009, that identifies the economic opportunity investments made by the fund, the primary location of the business or project, the percentage of the fund's assets in economic opportunity investments, and the actions that the fund has undertaken to increase the use of economic opportunity investments. (d) Pension funds created under Articles 2, 14, 15, 16, and 18 of this Act, and any State agency investing funds on behalf of those pension funds, must make reasonable efforts to invest in economic opportunity investments. (e) In making economic opportunity investments, trustees and fiduciaries must comply with the relevant requirements and restrictions set forth in Sections 1-109, 1-109.1, 1-109.2, 1-110, and 1-111 of this Code. Economic opportunity investments that otherwise comply with this Code shall not be deemed imprudent solely because they are investments in an Illinois business or Illinois-based project.
(Source: P.A. 96-753, eff. 8-25-09.) |
(40 ILCS 5/1A-109)
Sec. 1A-109. Annual statements by pension funds. Each pension fund shall
furnish to the Division an annual statement in a format prepared by the
Division. The Division shall design the form and prescribe the content of the
annual statement and, at least 60 days prior to the filing date, shall furnish
the form to each pension fund for completion. The annual statement shall be
prepared by each fund, properly certified by its officers, and submitted to the
Division within 6 months following the close of the fiscal year of the pension
fund.
The annual statement shall include, but need not be limited to, the
following:
(1) a financial balance sheet as of the close of the | ||
| ||
(2) a statement of income and expenditures;
(3) an actuarial balance sheet;
(4) statistical data reflecting age, service, and | ||
| ||
(5) special facts concerning disability or other | ||
| ||
(6) details on investment transactions that occurred | ||
| ||
(7) details on administrative expenses; and
(8) such other supporting data and schedules as in | ||
| ||
For pension funds under Article 3 or 4 of this Code, after the conclusion of the transition period, the Consolidated Fund shall furnish directly to the Division the information described in items (1) and (6) of this Section and shall otherwise cooperate with the pension fund in the preparation of the annual statement. A pension fund that fails to file its annual statement within the time
prescribed under this Section is subject to the penalty provisions of Section
1A-113.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/1A-110)
Sec. 1A-110.
Actuarial statements by pension funds established under
Articles other than 3 or 4.
(a) Each pension fund established under an Article of this Code other than
Article 3 or 4 shall include as part of its annual statement a complete
actuarial statement applicable to the plan year.
The actuarial statement shall be filed with the Division within 9 months
after the close of the fiscal year of the pension fund. Any pension fund that
fails to file within that time is subject to the penalty provisions of Section
1A-113.
The board of trustees of each pension fund subject to this Section, on
behalf of all its participants, shall engage an enrolled actuary who shall
be responsible for the preparation of the materials comprising the actuarial
statement. The enrolled actuary shall utilize such assumptions and methods
as are necessary for the contents of the matters reported in the actuarial
statement to be reasonably related to the experience of the plan and to
reasonable expectations, and to represent in the aggregate the actuary's best
estimate of anticipated experience under the plan.
The actuarial statement shall include a description of the actuarial
assumptions and methods used to determine the actuarial values in the
statement and shall disclose the impact of significant changes in the
actuarial assumptions and methods, plan provisions, and other pertinent
factors on the actuarial position of the plan.
The actuarial statement shall include a statement by the enrolled actuary
that to the best of his or her knowledge the actuarial statement is complete
and accurate and has been prepared in accordance with generally accepted
actuarial principles and practice.
For the purposes of this Section, "enrolled actuary" means an actuary who (1)
is a member of the Society of Actuaries or the American Academy of Actuaries
and (2) either is enrolled under Subtitle C of Title III of the Employee
Retirement Income Security Act of 1974 or was engaged in providing actuarial
services to a public retirement plan in Illinois on July 1, 1983.
(b) The actuarial statement referred to in subsection (a) shall
include all of the following:
(1) The dates of the plan year and the date of the | ||
| ||
(2) The amount of (i) the contributions made by the | ||
| ||
(3) The total estimated amount of the covered | ||
| ||
(4) The number of (i) active participants, (ii) | ||
| ||
(5) The following values as of the date of the | ||
| ||
(i) The current value of assets accumulated in | ||
| ||
(ii) The unfunded accrued liability. The major | ||
| ||
(iii) The amount of accumulated contributions for | ||
| ||
(iv) The actuarial present value of credited | ||
| ||
(6) The actuarial value of assets.
(7) Any other information that is necessary to fully | ||
| ||
(8) Any other information regarding the plan that the | ||
| ||
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/1A-111)
Sec. 1A-111. Actuarial statements by pension funds established under
Article 3 or 4.
(a) For each pension fund established under Article 3 or 4 of this Code, a complete actuarial statement applicable to its plan year shall be included
as part of its annual statement in accordance with the following:
(1) Prior to the conclusion of the transition period, | ||
| ||
(2) After the conclusion of the transition period, | ||
| ||
(a-5) Prior to the conclusion of the transition period, the actuarial statements may be prepared utilizing the method for calculating the actuarially required contribution for the pension fund that was in effect prior to the effective date of this amendatory Act of the 101st General Assembly. After the conclusion of the transition period, the actuarial statements shall be prepared by or under the supervision of a qualified actuary retained by the Consolidated Fund, and if a change occurs in an actuarial or investment assumption that increases or decreases the actuarially required contribution for the pension fund, that change shall be implemented in equal annual amounts over the 3-year period beginning in the fiscal year of the pension fund in which such change first occurs. The actuarially required contribution as described in this subsection shall determine the annual required employer contribution. (b) For the purposes of this Section, "qualified actuary" means (i) a
member of the American Academy of Actuaries, or (ii) an individual who has
demonstrated to the satisfaction of the Director that he or she has the
educational background necessary for the practice of actuarial science and has
at least 7 years of actuarial experience.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/1A-112)
Sec. 1A-112. Fees.
(a) Every pension fund that is required to file an annual statement under
Section 1A-109 shall pay to the Department an annual compliance fee. In the
case of a pension fund under Article 3 or 4 of this Code, (i) prior to the conclusion of the transition period, the annual compliance
fee shall be 0.02% (2 basis points) of the total
assets of the pension
fund, as reported in the most current annual statement of the fund, but not
more than $8,000 and (ii) after the conclusion of the transition period, the annual compliance fee shall be $8,000 and shall be paid by the Consolidated Fund. In the case of all other pension funds and
retirement
systems, the annual compliance fee shall be $8,000. Effective July 1, 2023, each pension fund established under Article 3 or 4 of this Code shall pay an annual compliance fee of at least 0.02% but not more than 0.05% of the total assets of the pension fund, as reported in the most current annual statement of the fund, to the Department of Insurance unless the appropriate Consolidated Fund agrees to conduct an audit or examination of all pension funds as provided in Section 1A-104. The Department shall have the discretion to set the annual compliance fee to be paid by each pension fund to cover the cost of the compliance audits. The Department shall provide written notice to each Article 3 and Article 4 pension fund of the amount of the annual compliance fee due not less than 60 days prior to the fee payment deadline.
(b) The annual compliance fee shall be due on June 30 for the following
State fiscal year, except that the fee payable in 1997 for fiscal year 1998
shall be due no earlier than 30 days following the effective date of this
amendatory Act of 1997.
(c) Any information obtained by the Division that is available to the public
under the Freedom of Information Act and is either compiled in published form
or maintained on a computer processible medium shall be furnished upon the
written request of any applicant and the payment of a reasonable information
services fee established by the Director, sufficient to cover the total cost to
the Division of compiling, processing, maintaining, and generating the
information. The information may be furnished by means of published copy or on
a computer processed or computer processible medium.
No fee may be charged to any person for information that the Division is
required by law to furnish to that person.
(d) Except as otherwise provided in this Section, all fees and penalties
collected by the Department under this Code shall be deposited into the Public
Pension Regulation Fund.
(e) Fees collected under subsection (c) of this Section and money collected
under Section 1A-107 shall be deposited into the Technology Management Revolving Fund and credited to the account of the Department's Public Pension
Division. This income shall be used exclusively for the
purposes set forth in Section 1A-107. Notwithstanding the provisions of
Section 408.2 of the Illinois Insurance Code, no surplus funds remaining in
this account shall be deposited in the Insurance Financial Regulation Fund.
All money in this account that the Director certifies is not needed for the
purposes set forth in Section 1A-107 of this Code shall be transferred to the
Public Pension Regulation Fund.
(f) Nothing in this Code prohibits the General Assembly from appropriating
funds from the General Revenue Fund to the Department for the purpose of
administering or enforcing this Code.
(Source: P.A. 103-8, eff. 6-7-23.)
|
(40 ILCS 5/1A-113)
Sec. 1A-113. Penalties.
(a) A pension fund that fails, without just cause, to file its annual
statement within the time prescribed under Section 1A-109 shall pay to the
Department a penalty to be determined by the Department, which shall not exceed
$100 for each day's delay.
(b) A pension fund that fails, without just cause, to file its actuarial
statement within the time prescribed under Section 1A-110 or 1A-111 shall pay
to the Department a penalty to be determined by the Department, which shall not
exceed $100 for each day's delay.
(c) A pension fund that fails to pay a fee within the time prescribed under
Section 1A-112 shall pay to the Department a penalty of 5% of the amount of the
fee for each month or part of a month that the fee is late. The entire penalty
shall not exceed 25% of the fee due.
(d) This subsection applies to any governmental unit, as defined in Section
1A-102, that is subject to any law establishing a pension fund or retirement
system for the benefit of employees of the governmental unit.
Whenever the Division determines by examination, investigation, or in any
other manner that the governing body or any elected or appointed officer or
official of a governmental unit has failed to comply with any provision of that
law:
(1) The Director shall notify in writing the | ||
| ||
(2) Upon receipt of the notice, the person notified | ||
| ||
(3) If the person notified fails to comply within a | ||
| ||
(4) If upon hearing the Director determines that good | ||
| ||
(5) If evidence of compliance has not been submitted | ||
| ||
The Director shall develop by rule, with as much specificity as
practicable, the standards and criteria to be used in assessing penalties and
their amounts. The standards and criteria shall include, but need not be
limited to, consideration of evidence of efforts made in good faith to comply
with applicable legal requirements. This rulemaking is subject to the
provisions of the Illinois Administrative Procedure Act.
If a penalty is not paid within 30 days of the date of assessment, the
Director without further notice shall report the act of noncompliance to the
Attorney General of this State. It shall be the duty of the Attorney General
or, if the Attorney General so designates, the State's Attorney of the county
in which the governmental unit is located to apply promptly by complaint on
relation of the Director of Insurance in the name of the people of the State of
Illinois, as plaintiff, to the circuit court of the county in which the
governmental unit is located for enforcement of the penalty prescribed in this
subsection or for such additional relief as the nature of the case and the
interest of the employees of the governmental unit or the public may require.
(e) Whoever knowingly makes a false certificate, entry, or memorandum upon
any of the books or papers pertaining to any pension fund or upon any
statement, report, or exhibit filed or offered for file with the Division or
the Director of Insurance in the course of any examination, inquiry, or
investigation, with intent to deceive the Director, the Division, or any of its
employees is guilty of a Class A misdemeanor.
(f) Subsections (b) and (c) shall apply to pension funds established under Article 3 or Article 4 of this Code only prior to the conclusion of the transition period, and this Section shall not apply to the Consolidated Funds.(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/1A-201)
Sec. 1A-201. Advisory Commission on Pension Benefits. (a) There is created an Advisory Commission on Pension Benefits. The Commission shall consist of 15 persons, of whom 8 shall be appointed by the Governor and one each shall be appointed by the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives. Four of the persons appointed by the Governor shall represent different statewide labor organizations, of which 2 shall be organizations that represent primarily teachers and 2 shall be organizations that represent primarily State employees other than teachers. The Directors of the retirement systems established under Articles 14, 15, and 16 of this Code shall be ex officio members of the Commission. (b) The Commission shall consider and make its recommendations concerning changing the age and service requirements, automatic annual increase benefits, and employee contribution rates of the State-funded retirement systems and other pension-related issues as determined by the Commission. On or before November 1, 2005, the Commission shall report its findings and recommendations to the Governor and the General Assembly.
(c) The Commission may request actuarial data from any of the 5 State-funded retirement systems established under this Code. That data may include, but is not limited to, the dates of birth, years of service, salaries, and life expectancies of members. A retirement system shall provide the requested information as soon as practical after the request is received, but in no event later than any reasonable deadline imposed by the Commission.
(Source: P.A. 94-4, eff. 6-1-05.) |
(40 ILCS 5/Art. 2 heading) ARTICLE 2.
GENERAL ASSEMBLY RETIREMENT SYSTEM
|
(40 ILCS 5/2-101) (from Ch. 108 1/2, par. 2-101)
Sec. 2-101.
Creation of system.
A retirement system is created to provide retirement annuities,
survivor's annuities and other benefits for members of the
General Assembly, certain elected state officials and their beneficiaries.
The system shall be known as the "General Assembly Retirement System".
All its funds and property shall be a trust separate from all other
entities, maintained for the purpose of securing payment of annuities and
benefits under this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-102) (from Ch. 108 1/2, par. 2-102)
Sec. 2-102.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 2-103 through 2-116, except when the
context otherwise requires.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-103) (from Ch. 108 1/2, par. 2-103)
Sec. 2-103.
System.
"System": The General Assembly Retirement System.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-104) (from Ch. 108 1/2, par. 2-104)
Sec. 2-104.
Board.
"Board": The board of trustees of the system.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)
Sec. 2-105.
Member.
"Member": Members of the General Assembly of this
State including persons who enter military service while a member of the
General Assembly and any person serving as Governor,
Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney
General for the period of service in such office.
Any person who has served for 10 or more years as Clerk or Assistant Clerk
of the House of Representatives, Secretary or Assistant Secretary of the
Senate, or any combination thereof, may elect to become a member
of this system while thenceforth engaged in such service by filing a
written election with the board. Any person so electing shall be
deemed an active member of the General Assembly for the purpose of validating
and transferring any service credits earned under any of the funds and systems
established under Articles 3 through 18 of this Code.
(Source: P.A. 85-1008.)
|
(40 ILCS 5/2-105.1)
Sec. 2-105.1. (Repealed).
(Source: P.A. 98-599, eff. 6-1-14. Repealed by P.A. 103-8, eff. 6-7-23.)
|
(40 ILCS 5/2-105.2)
Sec. 2-105.2. (Repealed).
(Source: P.A. 98-599, eff. 6-1-14. Repealed by P.A. 103-8, eff. 6-7-23.)
|
(40 ILCS 5/2-105.3) Sec. 2-105.3. Tier 1 participant; Tier 2 participant. "Tier 1 participant": A participant who first became a participant before January 1, 2011. "Tier 2 participant": A participant who first became a participant on or after January 1, 2011.
(Source: P.A. 103-8, eff. 6-7-23.) |
(40 ILCS 5/2-105.4) Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a former Tier 1 participant who has made the election to retire and has terminated service.
(Source: P.A. 103-8, eff. 6-7-23.) |
(40 ILCS 5/2-106) (from Ch. 108 1/2, par. 2-106)
Sec. 2-106.
Eligible member.
"Eligible member": Any member other than one who has elected not to
participate.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-107) (from Ch. 108 1/2, par. 2-107)
Sec. 2-107.
Participant.
"Participant": Any member who elects to
participate; and any former member who elects to continue participation
under Section 2-117.1, for the duration of such continued participation.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108. Salary. "Salary": (1) For members of the General Assembly,
the total compensation paid to the member by the State for one
year of service, including the additional amounts, if any, paid to
the member as an officer pursuant to Section 1 of "An Act
in relation to the compensation and emoluments of the members of the
General Assembly", approved December 6, 1907, as now or hereafter
amended.
(2) For the State executive officers specified
in Section 2-105, the total compensation paid to the member for one year
of service.
(3) For members of the System who are participants under Section
2-117.1, or who are serving as Clerk or Assistant Clerk of the House of
Representatives or Secretary or Assistant Secretary of the Senate, the
total compensation paid to the member for one year of service, but not to
exceed the salary of the highest salaried officer of the General Assembly.
However, in the event that federal law results in any participant
receiving imputed income based on the value of group term life insurance
provided by the State, such imputed income shall not be included in salary
for the purposes of this Article.
Notwithstanding any other provision of this Code, the
annual salary of a Tier 1 participant for the purposes of this Code shall not
exceed, for periods of service in a term of office beginning on
or after the effective date of this amendatory Act of the 98th
General Assembly, the greater of (i) the annual limitation determined
from time to time under subsection (b-5) of Section 1-160 of
this Code or (ii) the
annualized salary of the participant on the last day of that participant's last term of office beginning before that effective date. (Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108. Salary. "Salary": (1) For members of the General Assembly,
the total compensation paid to the member by the State for one
year of service, including the additional amounts, if any, paid to
the member as an officer pursuant to Section 1 of "An Act
in relation to the compensation and emoluments of the members of the
General Assembly", approved December 6, 1907, as now or hereafter
amended.
(2) For the State executive officers specified
in Section 2-105, the total compensation paid to the member for one year
of service.
(3) For members of the System who are participants under Section
2-117.1, or who are serving as Clerk or Assistant Clerk of the House of
Representatives or Secretary or Assistant Secretary of the Senate, the
total compensation paid to the member for one year of service, but not to
exceed the salary of the highest salaried officer of the General Assembly.
However, in the event that federal law results in any participant
receiving imputed income based on the value of group term life insurance
provided by the State, such imputed income shall not be included in salary
for the purposes of this Article.
(Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
|
(40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108.1. Highest salary for annuity purposes.
(a) "Highest salary for annuity purposes" means whichever of
the following is applicable to the participant:
For a participant who first becomes a participant of this System before August 10, 2009 (the effective date of Public Act 96-207):
(1) For a participant who is a member of the General | ||
| ||
(2) For a participant who holds one of the State | ||
| ||
(3) For a participant who is Clerk or Assistant Clerk | ||
| ||
(4) For a participant who is a continuing participant | ||
| ||
For a participant who first becomes a participant of this System on or after August 10, 2009 (the effective date of Public Act 96-207) and before January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period. Except as otherwise provided below, for a Tier 2 participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, for periods of service in a term of office beginning on or after January 1, 2011 and before the effective date of this amendatory Act of the 98th General Assembly, the highest salary for annuity purposes may not exceed $106,800, except that that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u
for the 12 months ending with the September preceding each November 1. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board by November 1 of each year until there is no longer any such participant who is in service in a term of office that began before the effective date of this amendatory Act of the 98th General Assembly. Notwithstanding any other provision of this Section, in determining the highest salary for annuity purposes of a Tier 2 participant who is in service in a term of office beginning on or after the effective date of this amendatory Act of the 98th General Assembly, the Tier 2 participant's salary for periods of service in a term of office beginning on or after that effective date shall not exceed the limitation on salary determined from time to time under subsection (b-5) of Section 1-160 of this Code. (b) The earnings limitations of subsection (a) apply to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating a proportional annuity under this
Article, except in the case of a person who first became a member of this
System before August 22,
1994 and has not, on or after the effective date of this amendatory Act of the 97th General Assembly, irrevocably elected to have those limitations apply. The limitations of subsection (a) shall apply, however, to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating the proportional annuity of a person who first became a member of this
System before August 22,
1994 if, on or after the effective date of this amendatory Act of the 97th General Assembly, that member irrevocably elects to have those limitations apply.
(c) In calculating the subsection (a) earnings limitation to be applied to
earnings under any other participating system under the Retirement Systems
Reciprocal Act for the purpose of calculating a proportional annuity under this
Article, the participant's last day of service shall be deemed to mean the last
day of service in any participating system from which the person has applied
for a proportional annuity under the Retirement Systems Reciprocal Act.
(Source: P.A. 97-967, eff. 8-16-12; 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108.1. Highest salary for annuity purposes.
(a) "Highest salary for annuity purposes" means whichever of
the following is applicable to the participant:
For a participant who first becomes a participant of this System before August 10, 2009 (the effective date of Public Act 96-207):
(1) For a participant who is a member of the General | ||
| ||
(2) For a participant who holds one of the State | ||
| ||
(3) For a participant who is Clerk or Assistant Clerk | ||
| ||
(4) For a participant who is a continuing participant | ||
| ||
For a participant who first becomes a participant of this System on or after August 10, 2009 (the effective date of Public Act 96-207) and before January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period. For a participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, beginning January 1, 2011, the highest salary for annuity purposes may not exceed $106,800, except that that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u
for the 12 months ending with the September preceding each November 1. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board by November 1 of each year. (b) The earnings limitations of subsection (a) apply to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating a proportional annuity under this
Article, except in the case of a person who first became a member of this
System before August 22,
1994 and has not, on or after the effective date of this amendatory Act of the 97th General Assembly, irrevocably elected to have those limitations apply. The limitations of subsection (a) shall apply, however, to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating the proportional annuity of a person who first became a member of this
System before August 22,
1994 if, on or after the effective date of this amendatory Act of the 97th General Assembly, that member irrevocably elects to have those limitations apply.
(c) In calculating the subsection (a) earnings limitation to be applied to
earnings under any other participating system under the Retirement Systems
Reciprocal Act for the purpose of calculating a proportional annuity under this
Article, the participant's last day of service shall be deemed to mean the last
day of service in any participating system from which the person has applied
for a proportional annuity under the Retirement Systems Reciprocal Act.
(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11; 97-967, eff. 8-16-12.)
|
(40 ILCS 5/2-109) (from Ch. 108 1/2, par. 2-109) Sec. 2-109. Military service. "Military service": Service in the United States Army, Navy, Air Force, Space Force, Marines or Coast Guard or any women's auxiliary thereof.(Source: P.A. 103-746, eff. 1-1-25.) |
(40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
Sec. 2-110.
Service.
(A) "Service" means the period beginning on the day when a
person first became a member, and ending on the date under consideration,
excluding all intervening periods of nonmembership following resignation or
expiration of any term of office.
(B) "Service" includes:
(a) Military service during war by a person who | ||
| ||
The amendment to this subdivision (B)(a) made by this | ||
| ||
(b) Service as a judge of a court of this State, but | ||
| ||
(c) Service as a participating employee under | ||
| ||
(d) Service, before October 1, 1975, as an officer | ||
| ||
(e) Service rendered prior to January 1, 1964, as a | ||
| ||
(f) Service before January 16, 1981, as an officer | ||
| ||
(C) Service during any fraction of a month shall be considered as a
month of service.
Service includes the total period of time for which
a participant is elected as a member or officer, even though
he or she does not complete the term because of death, resignation,
judicial decision, or operation of law, provided that the contributions
required under this Article for such entire period of office have been made
by or on behalf of the participant. In the case of a participant appointed
or elected to fill a vacancy, service includes the total period from
January 1 of the year in which his or her service commences to the end of
the term in which the vacancy occurs, provided the participant contributes
in the year of appointment an amount equal to the contributions that would
have been required had the participant received salary for the entire year.
The foregoing provisions relating to a participant appointed or elected to
fill a vacancy shall not apply if the participant was a member of the other
legislative chamber at the time of appointment or election.
(D) Notwithstanding the other provisions of this Section, if
application to transfer or establish service credit under paragraph (c) or
(e) of subsection (B) of this Section is made between January 1, 1992
and February 1, 1993, the contribution required for such credit shall be an
amount equal to (1) the contribution rate in effect for participants at the
date of membership in this system multiplied by the salary then in effect
for members of the General Assembly for each year of service for which
credit is being granted, plus (2) interest thereon at 6% per annum
compounded annually, from the date of membership to the date of payment by
the member, less (3) any amount transferred to this system on behalf of the
member on account of such service credit.
(Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
|
(40 ILCS 5/2-110.1) (from Ch. 108 1/2, par. 2-110.1)
Sec. 2-110.1.
Service credit for elected county, township or
municipal official. An active participant having no creditable service as
a participating employee under Article 7 of this Code may establish service
credit in this system for periods during which the participant held an
elective office in a county, township or municipality, (including the
full term for which elected if he or she resigned such office to enter the
armed forces of the United States), provided the member cannot establish
service credit under Article 7 for such periods because the county,
township or municipality did not and does not subscribe to coverage for
that office under that Article. Credit for such service may be
established in this system by the participant paying to this system an
amount equal to (1) the contribution rate in effect
for participants at the date of membership in this system multiplied by the
salary then in effect for the members of the General Assembly for each year
of service for which credit is allowed, plus (2) the State's share
of the normal cost of benefits under this system expressed as a percent
of payroll, as determined by the system's actuary as of the date of the
participant's membership in this system multiplied by the salary then in
effect for members of the General Assembly, for each year of service for
which credit is allowed, plus (3) interest on (1) and (2) above at 4% per
annum compounded annually from the date of membership to the date of payment
by the participant.
However, if application for such credit is made between January 1,
1992 and April 1, 1992, the applicant need not pay the amount indicated in
item (2) above, but only the sum of items (1) and (3).
(Source: P.A. 87-794.)
|
(40 ILCS 5/2-110.2) (from Ch. 108 1/2, par. 2-110.2)
Sec. 2-110.2.
Age enhancement.
Any member or former member who
receives any age enhancement under Section 14-108.3 of this
Code shall be entitled to use such age enhancement under the Retirement
Systems Reciprocal Act for the purpose of establishing eligibility for and
calculating the amount of a retirement annuity payable under this Article,
notwithstanding the provisions of subsection (b) of Section 14-108.3.
(Source: P.A. 87-794.)
|
(40 ILCS 5/2-111) (from Ch. 108 1/2, par. 2-111)
Sec. 2-111.
Annuity.
"Annuity": A series of monthly payments payable at
the end of each calendar month during the life of an annuitant. The first
payment shall be prorated for a fraction of a month to the end of the first
month. The last payment shall be made for the whole calendar month in which
death occurs.
(Source: P.A. 86-273.)
|
(40 ILCS 5/2-112) (from Ch. 108 1/2, par. 2-112)
Sec. 2-112.
Annuitant.
"Annuitant": A person receiving a retirement annuity
or survivor's annuity.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-113) (from Ch. 108 1/2, par. 2-113)
Sec. 2-113.
Refund beneficiary.
"Refund beneficiary": The person entitled to receive refunds of a
deceased participant's contributions.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-114) (from Ch. 108 1/2, par. 2-114)
Sec. 2-114. Actuarial tables.
"Actuarial tables": Tabular listings of assumed rates of death,
disability, retirement and withdrawal from service and mathematical
functions derived from such rates combined with an assumed rate of interest
based upon the experience of the system as adopted by the board upon
recommendation of the actuary.
The adopted actuarial tables shall be used to determine the amount of all benefits under this Article, including any optional forms of benefits. Optional forms of benefits must be the actuarial equivalent of the normal benefit payable under this Article. (Source: P.A. 98-1117, eff. 8-26-14.)
|
(40 ILCS 5/2-115) (from Ch. 108 1/2, par. 2-115)
Sec. 2-115.
Prescribed rate of interest.
"Prescribed rate of interest": 3% per annum compounded annually, or such
other rate determined from the actual experience of the system as may be
prescribed by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-116) (from Ch. 108 1/2, par. 2-116)
Sec. 2-116.
Fiscal year.
"Fiscal year": The period beginning on July 1 in any year and ending on
June 30 of the next succeeding year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-117) (from Ch. 108 1/2, par. 2-117)
Sec. 2-117.
Participants - Election not to participate.
(a) Every person who was a member on November 1, 1947, or in military
service on such date, is subject to the provisions of this system beginning
upon such date, unless prior to such date he or she filed with the board a
written notice of election not to participate.
Every person who becomes a member after November 1, 1947, and who is
then not a participant becomes a participant beginning upon the date of
becoming a member unless, within 24 months from that date, he or she has
filed with the board a written notice of election not to participate.
(b) A member who has filed notice of an election not to participate
(and a former member who has not yet begun to receive a retirement
annuity under this Article) may become a participant with respect to the period
for which the member elected not to participate upon filing with the board,
before April 1, 1993, a written rescission of the election not to participate.
Upon contributing an amount equal to the contributions he or she would have
made as a participant from November 1, 1947, or the date of becoming a member,
whichever is later, to the date of becoming a participant, with interest at the
rate of 4% per annum until the contributions are paid, the participant shall
receive credit for service as a member prior to the date of the rescission,
both before and after November 1, 1947. The required contributions shall be
made before commencement of the retirement annuity; otherwise no credit for
service prior to the date of participation shall be granted.
(Source: P.A. 86-273; 87-1265.)
|
(40 ILCS 5/2-117.1) (from Ch. 108 1/2, par. 2-117.1)
Sec. 2-117.1.
Participants - Election to continue participation.
(a) Any person who has served as a member for 4 or more years or who has
elected to become a member pursuant to Section 2-105, and who is employed
in such a position as to be eligible to actively participate in one of the
retirement systems established under Articles 5 through 18 of this Code or
under the authority of the Illinois Housing Development Act, and who earns
in that capacity, at the time of making an election under
this subsection, an amount at least equal to the minimum salary provided by
law for members of the General Assembly, may elect after he or she ceases
to be a member, but in no event after June 1, 1992, to continue his or
her participation in this System for up to 4 additional years instead of
participating in such other retirement system, by making written application
to the board.
(b) A person who elects to continue participation under this Section shall
make contributions directly to the board, not less frequently than monthly,
at the rates specified for participants under Section 2-126. The State
shall continue to make contributions on behalf of persons participating
under this Section on the same basis as for other participants.
Creditable service shall be granted to any person for the period, not
exceeding 4 years, during which the person continues participation
under this Section and continues to make contributions as required.
(c) A person who elects to continue participation under this Section may
cancel such election at any time, and may apply to transfer
the creditable service accumulated under this Section to any one of the
retirement systems established under Articles 5 through 18 or the Illinois
Housing Development Act in which he or she is eligible to participate.
Upon such application, the board shall pay to such retirement system (1)
the amounts credited to the participant under this Section through
participant contributions, including interest, if any, on the date of
transfer, plus (2) employer contributions in an amount equal to the
amount determined under clause (1). Participation in this System as to any
credits transferred under this Section shall terminate on the date of transfer.
(Source: P.A. 86-272; 86-1488; 87-794.)
|
(40 ILCS 5/2-117.2) (from Ch. 108 1/2, par. 2-117.2)
Sec. 2-117.2.
Transfer of creditable service to Article 8, 9 or 13
fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the
people who is a participant in a pension fund established under Article 9
of this Code, and any elected sanitary district commissioner who is a
participant in a pension fund established under Article 13 of this Code,
may apply for transfer of his or her creditable service accumulated under
this System to such Article 8, 9 or 13 fund. Such creditable service
shall be transferred forthwith. Payment by this System to the Article
8, 9 or 13 fund shall be made at the same time and shall consist of:
(1) the amounts credited to the participant under | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
Participation in this System as to any credits
transferred under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary
district commissioner who has credits and creditable service under the
System may establish additional credits and creditable service for periods
during which he could have elected to participate but did not so elect.
Credits and creditable service may be established by payment to the System
of an amount equal to the contributions he would have made if he had
elected to participate, plus interest to the date of payment.
(c) Any such elected city officer, county officer or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a refund, by payment to the System of the amount
of the refund plus interest thereon to the date of payment.
(Source: P.A. 85-964; 86-1488.)
|
(40 ILCS 5/2-117.3) (from Ch. 108 1/2, par. 2-117.3)
Sec. 2-117.3.
Payments and Rollovers.
(a) The Board may adopt rules
prescribing the manner of repaying refunds and purchasing any optional
credits permitted under this Article. The rules may prescribe the manner
of calculating interest when such payments or repayments are made in
installments.
(b) Rollover contributions from other retirement plans qualified under
the U.S. Internal Revenue Code may be used to purchase any optional credit
or repay any refund permitted under this Article.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/2-118) (from Ch. 108 1/2, par. 2-118)
Sec. 2-118.
Participants subject to survivor's
annuity. Every male participant in service after August 2, 1949 and each
female participant in
service after July 1, 1971 shall be subject to the provisions relating to
a survivor's annuity.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119. Retirement annuity - conditions for eligibility. (a)
A participant whose service as a
member is terminated, regardless of age or cause, is entitled to a retirement
annuity beginning on the date specified by the participant in
a written application subject to the following conditions:
1. The date the annuity begins does not precede the | ||
| ||
2. The participant meets one of the following | ||
| ||
For a participant who first becomes a participant of | ||
| ||
(A) He or she has attained age 55 and has at | ||
| ||
(B) He or she has attained age 62 and terminated | ||
| ||
(C) He or she has completed 8 years of service | ||
| ||
For a participant who first becomes a participant of | ||
| ||
(a-1) Notwithstanding subsection (a) of this Section, for a Tier 1 participant who begins receiving a retirement annuity under this Section on or after July 1, 2014, the required retirement age under subsection (a) is increased as follows, based on the Tier 1 participant's age on June 1, 2014: (1) If he or she is at least age 46 on June 1, 2014, | ||
| ||
(2) If he or she is at least age 45 but less than age | ||
| ||
(3) If he or she is at least age 44 but less than age | ||
| ||
(4) If he or she is at least age 43 but less than age | ||
| ||
(5) If he or she is at least age 42 but less than age | ||
| ||
(6) If he or she is at least age 41 but less than age | ||
| ||
(7) If he or she is at least age 40 but less than age | ||
| ||
(8) If he or she is at least age 39 but less than age | ||
| ||
(9) If he or she is at least age 38 but less than age | ||
| ||
(10) If he or she is at least age 37 but less than | ||
| ||
(11) If he or she is at least age 36 but less than | ||
| ||
(12) If he or she is at least age 35 but less than | ||
| ||
(13) If he or she is at least age 34 but less than | ||
| ||
(14) If he or she is at least age 33 but less than | ||
| ||
(15) If he or she is at least age 32 but less than | ||
| ||
(16) If he or she is less than age 32 on June 1, | ||
| ||
Notwithstanding Section 1-103.1, this subsection (a-1) applies without regard to whether or not the Tier 1 participant is in active service under this Article on or after the effective date of this amendatory Act of the 98th General Assembly. (a-5) A participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889) who has attained age 62 and has at least 8 years of service credit may elect to receive the lower retirement annuity provided
in paragraph (c) of Section 2-119.01 of this Code. (b) A participant shall be considered permanently disabled only if:
(1) disability occurs while in service and is
of such a nature
as to prevent him or her from reasonably performing the duties of his
or her office at
the time; and (2) the board has received a written certificate by at
least 2 licensed physicians appointed by the board stating that the member is
disabled and that the disability is likely to be permanent.
(Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119. Retirement annuity - conditions for eligibility. (a)
A participant whose service as a
member is terminated, regardless of age or cause, is entitled to a retirement
annuity beginning on the date specified by the participant in
a written application subject to the following conditions:
1. The date the annuity begins does not precede the | ||
| ||
2. The participant meets one of the following | ||
| ||
For a participant who first becomes a participant of | ||
| ||
(A) He or she has attained age 55 and has at | ||
| ||
(B) He or she has attained age 62 and terminated | ||
| ||
(C) He or she has completed 8 years of service | ||
| ||
For a participant who first becomes a participant of | ||
| ||
(a-5) A participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889) who has attained age 62 and has at least 8 years of service credit may elect to receive the lower retirement annuity provided
in paragraph (c) of Section 2-119.01 of this Code. (b) A participant shall be considered permanently disabled only if:
(1) disability occurs while in service and is
of such a nature
as to prevent him or her from reasonably performing the duties of his
or her office at
the time; and (2) the board has received a written certificate by at
least 2 licensed physicians appointed by the board stating that the member is
disabled and that the disability is likely to be permanent.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
Sec. 2-119.01. Retirement annuities - Amount.
(a) For a participant
in service after June 30, 1977 who has not made contributions to this System
after January 1, 1982, the annual retirement annuity is 3% for each of the
first 8 years of service, plus 4% for each of the next 4 years of service,
plus 5% for each year of service in excess of 12 years, based on the
participant's highest salary for annuity purposes. The maximum
retirement annuity payable
shall be 80% of the participant's highest salary for
annuity purposes.
(b) For a participant in service after June 30, 1977 who has made
contributions to this System on or after January 1, 1982, the annual
retirement annuity is 3% for each of the first 4 years of service, plus 3
1/2% for each of the next 2 years of service, plus 4% for each of the next
2 years of service, plus 4 1/2% for each of the next 4 years of service,
plus 5% for each year of service in excess of 12 years, of the
participant's highest salary for annuity purposes. The maximum retirement
annuity payable shall be 85% of the participant's highest
salary for annuity purposes.
(c) Notwithstanding any other provision of this Article, for a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889), the annual
retirement annuity is 3% of the
participant's highest salary for annuity purposes for each year of service. The maximum retirement
annuity payable shall be 60% of the participant's highest
salary for annuity purposes. (d) Notwithstanding any other provision of this Article, for a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) and who is retiring after attaining age 62 with at least 8 years of service credit, the retirement annuity shall be reduced by one-half
of 1% for each month that the member's age is under age 67. (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119.1. Automatic increase in retirement annuity.
(a) Except as otherwise provided in this Section, a participant who retires after June 30, 1967, and who has not
received an initial increase under this Section before the effective date
of this amendatory Act of 1991, shall, in January or July next following
the first anniversary of retirement, whichever occurs first, and in the same
month of each year thereafter, but in no event prior to age 60, have the amount
of the originally granted retirement annuity increased as follows: for each
year through 1971, 1 1/2%; for each year from 1972 through 1979, 2%; and for
1980 and each year thereafter, 3%. Annuitants who have received an initial
increase under this subsection prior to the effective date of this amendatory
Act of 1991 shall continue to receive their annual increases in the same month
as the initial increase.
(a-1) Notwithstanding subsection (a), but subject to the provisions of subsection (a-2), for a Tier 1 retiree, all automatic increases payable under subsection (a) on or after the effective date of this amendatory Act of the 98th General Assembly shall be calculated as 3% of the lesser of (1) the total annuity
payable at the time of the increase, including previous
increases granted, or (2) $1,000 multiplied by the number of years of creditable service upon which the annuity is based. Beginning January 1, 2016, the $1,000 referred to in item (2) of this subsection (a-1) shall be increased on each January 1 by the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the preceding September; these adjustments shall be cumulative and compounded.
For the purposes of this subsection (a-1), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new dollar amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the System by November 1 of each year. This subsection (a-1) is applicable without regard to whether the person is in service on or after the effective date of this amendatory Act of the 98th General Assembly. (a-2) Notwithstanding subsections (a) and (a-1), for an active or inactive Tier 1 participant who has not begun to receive a retirement annuity under this Article before July 1, 2014: (1) the second automatic annual increase payable | ||
| ||
(2) the second, fourth, and sixth automatic annual | ||
| ||
(3) the second, fourth, sixth, and eighth automatic | ||
| ||
(4) the second, fourth, sixth, eighth, and tenth | ||
| ||
For the purposes of Section 1-103.1, this subsection (a-2) is applicable without regard to whether the person is in service on or after the effective date of this amendatory Act of the 98th General Assembly. (b) Beginning January 1, 1990, for eligible participants who remain
in service after attaining 20 years of creditable service, the increases
provided under subsection (a) shall begin to accrue on the January 1 next
following the date upon which the participant (1) attains age 55, or (2)
attains 20 years of creditable service, whichever occurs later, and shall
continue to accrue while the participant remains in service; such increases
shall become payable on January 1 or July 1, whichever occurs first, next
following the first anniversary of retirement. For any person who has service
credit in the System for the entire period from January 15, 1969 through
December 31, 1992, regardless of the date of termination of service, the
reference to age 55 in clause (1) of this subsection (b) shall be deemed to
mean age 50. The increases accruing under this subsection (b) after the effective date of this amendatory Act of the 98th General Assembly shall accrue at the rate provided in subsection (a-1).
This subsection (b) does not apply to any person who first becomes a
member of the System after the effective date of this amendatory Act of
the 93rd General Assembly.
(b-5) Notwithstanding any other provision of this Section, a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall, in January or July next following the first anniversary of retirement, whichever occurs first, and in the same month of each year thereafter, but in no event prior to age 67, have the amount of the retirement annuity then being paid increased by an amount calculated as a percentage of the originally granted retirement annuity, equal to 3% or one-half of the annual unadjusted percentage increase (but not less than zero) in the Consumer Price Index for All Urban Consumers for the 12 months ending with the preceding September, as determined by the Public Pension Division of the Department of Insurance and reported to the System by November 1 of each year, whichever is less. The changes made to this subsection (b-5) by this amendatory Act of the 98th General Assembly shall apply to increases provided under this subsection on or after the effective date of this amendatory Act without regard to whether service
terminated before that effective date. (c) The foregoing provisions relating to automatic increases are not
applicable to a participant who retires before having made contributions
(at the rate prescribed in Section 2-126) for automatic increases for less
than the equivalent of one full year. However, in order to be eligible for
the automatic increases, such a participant may make arrangements to pay
to the system the amount required to bring the total contributions for the
automatic increase to the equivalent of one year's contributions based upon
his or her last salary.
(d) A participant who terminated service prior to July 1, 1967, with at
least 14 years of service is entitled to an increase in retirement annuity
beginning January, 1976, and to additional increases in January of each
year thereafter.
The initial increase shall be 1 1/2% of the originally granted retirement
annuity multiplied by the number of full years that the annuitant was in
receipt of such annuity prior to January 1, 1972, plus 2% of the originally
granted retirement annuity for each year after that date. The subsequent
annual increases shall be at the rate of 2% of the originally granted
retirement annuity for each year through 1979 and at the rate of 3% for
1980 and thereafter. The increases provided under this subsection (d) on or after the effective date of this amendatory Act of the 98th General Assembly shall be at the rate provided in subsection (a-1), notwithstanding that service
terminated before that effective date.
(e) Except as may be provided in subsection (b-5), beginning January 1, 1990, all automatic annual increases payable
under this Section shall be calculated as a percentage of the total annuity
payable at the time of the increase, including previous increases granted
under this Article.
(Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119.1. Automatic increase in retirement annuity.
(a) A participant who retires after June 30, 1967, and who has not
received an initial increase under this Section before the effective date
of this amendatory Act of 1991, shall, in January or July next following
the first anniversary of retirement, whichever occurs first, and in the same
month of each year thereafter, but in no event prior to age 60, have the amount
of the originally granted retirement annuity increased as follows: for each
year through 1971, 1 1/2%; for each year from 1972 through 1979, 2%; and for
1980 and each year thereafter, 3%. Annuitants who have received an initial
increase under this subsection prior to the effective date of this amendatory
Act of 1991 shall continue to receive their annual increases in the same month
as the initial increase.
(b) Beginning January 1, 1990, for eligible participants who remain
in service after attaining 20 years of creditable service, the 3% increases
provided under subsection (a) shall begin to accrue on the January 1 next
following the date upon which the participant (1) attains age 55, or (2)
attains 20 years of creditable service, whichever occurs later, and shall
continue to accrue while the participant remains in service; such increases
shall become payable on January 1 or July 1, whichever occurs first, next
following the first anniversary of retirement. For any person who has service
credit in the System for the entire period from January 15, 1969 through
December 31, 1992, regardless of the date of termination of service, the
reference to age 55 in clause (1) of this subsection (b) shall be deemed to
mean age 50.
This subsection (b) does not apply to any person who first becomes a
member of the System after the effective date of this amendatory Act of
the 93rd General Assembly.
(b-5) Notwithstanding any other provision of this Article, a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall, in January or July next following the first anniversary of retirement, whichever occurs first, and in the same month of each year thereafter, but in no event prior to age 67, have the amount of the retirement annuity then being paid increased by 3% or the annual unadjusted percentage increase in the Consumer Price Index for All Urban Consumers as determined by the Public Pension Division of the Department of Insurance under subsection (a) of Section 2-108.1, whichever is less. (c) The foregoing provisions relating to automatic increases are not
applicable to a participant who retires before having made contributions
(at the rate prescribed in Section 2-126) for automatic increases for less
than the equivalent of one full year. However, in order to be eligible for
the automatic increases, such a participant may make arrangements to pay
to the system the amount required to bring the total contributions for the
automatic increase to the equivalent of one year's contributions based upon
his or her last salary.
(d) A participant who terminated service prior to July 1, 1967, with at
least 14 years of service is entitled to an increase in retirement annuity
beginning January, 1976, and to additional increases in January of each
year thereafter.
The initial increase shall be 1 1/2% of the originally granted retirement
annuity multiplied by the number of full years that the annuitant was in
receipt of such annuity prior to January 1, 1972, plus 2% of the originally
granted retirement annuity for each year after that date. The subsequent
annual increases shall be at the rate of 2% of the originally granted
retirement annuity for each year through 1979 and at the rate of 3% for
1980 and thereafter.
(e) Beginning January 1, 1990, all automatic annual increases payable
under this Section shall be calculated as a percentage of the total annuity
payable at the time of the increase, including previous increases granted
under this Article.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/2-120) (from Ch. 108 1/2, par. 2-120)
Sec. 2-120.
Reversionary annuity.
(a) Prior to retirement, a participant may elect to take a reduced
retirement annuity and provide, with the actuarial value of the
amount of the reduction in annuity, a reversionary annuity
for a spouse, parent, child, brother or sister. The option shall be
exercised by the filing of a written designation with the board prior to
retirement, and may be revoked by the participant at any
time before retirement.
The death of the participant or the designated
reversionary annuitant
prior to the participant's retirement shall automatically
void this option. If
the reversionary annuitant dies after the participant's
retirement, the reduced
annuity being paid to the retired participant shall remain
unchanged and no
reversionary annuity shall be payable.
(b) A reversionary
annuity shall not be payable if the participant
dies before the expiration of 2 years
from the date the written designation was filed with the board even though
he or she had retired and was receiving a reduced retirement annuity under this
option.
(c) A reversionary annuity shall begin on the first day of the month
following the death of the annuitant and
continue until the death of the reversionary annuitant.
(d) For a member electing to take a reduced annuity under this Section,
the automatic increases provided in Section 2-119.1 shall be
applied to
the amount of the reduced retirement annuity.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
Sec. 2-121. Survivor's annuity - conditions for payment.
(a) A survivor's annuity shall be payable to a surviving spouse or
eligible child (1) upon the death in service of a participant with at least
2 years of service credit, or (2) upon the death of an annuitant in receipt
of a retirement annuity, or (3) upon the death of a participant who terminated
service with at least 4 years of service credit.
The change in this subsection (a) made by this amendatory Act of 1995
applies to survivors of participants who die on or after December 1, 1994,
without regard to whether or not the participant was in service on or after
the effective date of this amendatory Act of 1995.
(b) To be eligible for the survivor's annuity, the spouse and the
participant or annuitant must have been married for a continuous period of at
least one year immediately preceding the date of death, but need not have
been married on the day of the participant's last termination of service,
regardless of whether such termination occurred prior to the effective date
of this amendatory Act of 1985.
(c) The annuity shall be payable beginning on the date of a
participant's death, or the first of the month following an annuitant's
death, if the spouse is then age 50 or over, or beginning at age 50 if the
spouse is then under age 50. If an eligible child or children of the
participant or annuitant (or a child or children of the eligible spouse
meeting the criteria of item (1), (2), or (3) of subsection (d) of this
Section) also survive, and the child or children are under
the care of the eligible spouse, the annuity shall begin as of the date of
a participant's death, or the first of the month following an annuitant's
death, without regard to the spouse's age.
The change to this subsection made by this amendatory Act of 1998
(relating to children of an eligible spouse) applies to the eligible spouse
of a participant or annuitant who dies on or after the effective date of this
amendatory Act, without regard to whether the participant or annuitant is in
service on or after that effective date.
(c-5) Upon the death in service of a participant during the 90th General Assembly, the survivor's annuity shall be payable prior to age 50, notwithstanding subsection (c) of this Section, provided that the deceased participant had at least 6 years of service. This subsection (c-5) applies to the eligible spouse of a deceased participant without regard to whether the deceased participant was in service on or after the effective date of this amendatory Act of the 96th General Assembly, and retroactive benefits may be paid for periods of eligibility after February 28, 2009. (d) For the purposes of this Section and Section 2-121.1, "eligible child"
means a child of the deceased participant or annuitant
who is at least one of the following:
(1) unmarried and under the age of 18;
(2) unmarried, a full-time student, and under the age | ||
| ||
(3) dependent by reason of physical or mental | ||
| ||
The inclusion of unmarried students under age 22 in the calculation of
survivor's annuities by this amendatory Act of 1991 shall apply to all
eligible students beginning January 1, 1992, without regard to whether the
deceased participant or annuitant was in service on or after the effective
date of this amendatory Act of 1991.
(e) Remarriage of a surviving spouse prior to attainment of age 55
shall disqualify the surviving spouse from the receipt of a survivor's
annuity, if the remarriage occurs before the effective date of this
amendatory Act of the 91st General Assembly.
The changes made to this subsection by this amendatory Act of the 91st
General Assembly (pertaining to remarriage prior to age 55) apply without
regard to whether the deceased participant or annuitant was in service on or
after the effective date of this amendatory Act.
(Source: P.A. 95-279, eff. 1-1-08; 96-775, eff. 8-28-09.)
|
(40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
Sec. 2-121.1. Survivor's annuity; amount.
(a) A surviving spouse shall be entitled to 66 2/3% of the amount of
retirement annuity to which the participant or annuitant was entitled on
the date of death, without regard to whether the participant had attained
age 55 prior to his or her death, subject to a minimum payment of 10% of
salary. If a surviving spouse, regardless of age, has in his or her care
at the date of death any eligible child or children of the participant, the
survivor's annuity shall be the greater of the following: (1) 66 2/3% of
the amount of retirement annuity to which the participant or annuitant was
entitled on the date of death, or (2) 30% of the participant's salary
increased by 10% of salary on account of each such child, subject to a
total payment for the surviving spouse and children of 50% of salary. If
eligible children survive but there is no surviving spouse, or if the
surviving spouse dies or becomes disqualified by
remarriage while eligible children survive, each
eligible child shall be entitled to an annuity of 20% of salary, subject
to a maximum total payment for all such children of 50% of salary.
However, the survivor's annuity payable under this Section shall not be
less than 100% of the amount of retirement annuity to which the participant
or annuitant was entitled on the date of death, if he or she is survived by
a dependent disabled child.
The salary to be used for determining these benefits shall be the
salary used for determining the amount of retirement annuity as provided
in Section 2-119.01.
(b) Upon the death of a participant after the termination of service or
upon death of an annuitant, the maximum total payment to a surviving spouse
and eligible children, or to eligible children alone if there is no surviving
spouse, shall be 75% of the retirement annuity to which the participant
or annuitant was entitled, unless there is a dependent disabled child
among the survivors.
(c) When a child ceases to be an eligible child, the annuity to that
child, or to the surviving spouse on account of that child, shall thereupon
cease, and the annuity payable to the surviving spouse or other eligible
children shall be recalculated if necessary.
Upon the ineligibility of the last eligible child, the annuity shall
immediately revert to the amount payable upon death of a participant or
annuitant who leaves no eligible children. If the surviving spouse is then
under age 50, the annuity as revised shall be deferred until the attainment
of age 50.
(d) Beginning January 1, 1990, every survivor's annuity shall be increased
(1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity, or (2) in
other cases, on each January 1 occurring on or after the first anniversary
of the commencement of the annuity, by an amount equal to 3% of the current
amount of the annuity, including any previous increases under this Article.
Such increases shall apply without regard to whether the deceased member
was in service on or after the effective date of this amendatory Act of
1991, but shall not accrue for any period prior to January 1, 1990.
(d-5) Notwithstanding any other provision of this Article, the initial survivor's annuity of a survivor of a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall be in the amount of 66 2/3% of the amount of the retirement annuity to which the participant or annuitant was entitled on the date of death and shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity or (2) in
other cases, on each January 1 occurring on or after the first anniversary
of the commencement of the annuity, by an amount equal to 3% or the annual unadjusted percentage increase in the Consumer Price Index for All Urban Consumers as determined by the Public Pension Division of the Department of Insurance under subsection (a) of Section 2-108.1, whichever is less, of the survivor's annuity then being paid. The provisions of this subsection (d-5) shall not apply to a survivor's annuity of a survivor of a participant who died in service before January 1, 2023. (e) Notwithstanding any other provision of this Article, beginning
January 1, 1990, the minimum survivor's annuity payable to any person who
is entitled to receive a survivor's annuity under this Article shall be
$300 per month, without regard to whether or not the deceased participant
was in service on the effective date of this amendatory Act of 1989.
(f) In the case of a proportional survivor's annuity arising under
the Retirement Systems Reciprocal Act where the amount payable by the
System on January 1, 1993 is less than $300 per month, the amount payable
by the System shall be increased beginning on that date by a monthly amount
equal to $2 for each full year that has expired since the annuity began.
(g) Notwithstanding any other provision of this Code, the survivor's annuity payable to an eligible survivor of a Tier 2 participant who died in service prior to January 1, 2023 shall be calculated in accordance with the provisions applicable to the survivors of a deceased Tier 1 participant. Notwithstanding Section 1-103.1, the changes to this Section made by this amendatory Act of the 103rd General Assembly apply without regard to whether the participant was in active service before the effective date of the changes made to this Section by this amendatory Act of the 103rd General Assembly. (Source: P.A. 103-8, eff. 6-7-23.)
|
(40 ILCS 5/2-121.2) (from Ch. 108 1/2, par. 2-121.2)
Sec. 2-121.2.
Reduction of disability and survivor's benefits for
corresponding
benefits payable under Workers' Compensation and Workers' Occupational Diseases
Acts. Whenever a person is entitled to a disability or survivor's benefit
under this Article and to benefits under the Workers' Compensation Act or
the Workers' Occupational Diseases Act for the same injury or disease, the
benefits payable under this Article shall be reduced by the amount of benefits
payable under either of those Acts. There shall be no reduction, however,
for payments for medical, surgical and hospital services, non-medical remedial
care and treatment rendered in accordance with a religious method of healing
recognized by the laws of this State, and for artificial appliances, and
fixed statutory payments for the loss of or the permanent and complete loss
of the use of any bodily member. If the benefits deductible under this
Section are stated in a weekly amount, the monthly amount for the purposes
of this Section shall be 4 1/3 times the weekly amount.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-121.3) (from Ch. 108 1/2, par. 2-121.3)
Sec. 2-121.3. Required distributions. (a) A person who would be
eligible to receive a survivor's annuity under this Article but for the
fact that the person has not yet attained age 50, shall be eligible for a
monthly distribution under this subsection (a), provided that the payment
of such distribution is required by federal law.
The distribution shall become payable on (i) July 1, 1987, (ii) December
1 of the calendar year immediately following the calendar year in which the
deceased spouse died, or (iii) December 1 of the calendar year in which the
deceased spouse would have attained age 72, whichever occurs last, and
shall remain payable until the first of the following to occur: (1) the
person becomes eligible to receive a survivor's annuity under this Article;
(2) the end of the month in which the person ceases to be eligible to
receive a survivor's annuity upon attainment of age 50, due to remarriage
or death; or (3) the end of the month in which such distribution ceases to
be required by federal law.
The amount of the distribution shall be fixed at the time the
distribution first becomes payable, and shall be calculated in the same
manner as a survivor's annuity under Sections 2-121, 2-121.1 and 2-121.2,
but excluding: (A) any requirement for an application for the distribution;
(B) any automatic annual increases, supplemental increases, or one-time
increases that may be provided by law for survivor's annuities; and (C) any
lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall be deemed to be
required by federal law if: (1) directly mandated by federal statute, rule,
or administrative or court decision; or (2) indirectly mandated through
imposition of substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1-103.1 of this Code, a member need not be
in service on or after the effective date of this amendatory Act of 1989
for the member's surviving spouse to be eligible for a
distribution under this Section.
(Source: P.A. 102-210, eff. 7-30-21.)
|
(40 ILCS 5/2-122) (from Ch. 108 1/2, par. 2-122)
Sec. 2-122. Re-entry after retirement. An annuitant who re-enters service as a member shall become a
participant on the date of re-entry and retirement annuity
payments shall cease at that time. The participant shall resume contributions
to the system on the date of re-entry at the rates then in effect and shall
begin to accrue additional service credit. He or she shall be entitled
to all rights
and privileges in the system, including death and disability benefits,
subject to the limitations herein provided, except refund of retirement
annuity contributions.
Upon subsequent retirement, the participant shall be entitled
to a retirement
annuity consisting of: (1) the amount of retirement annuity previously
granted and terminated by re-entry into service; and (2) the
amount of additional retirement annuity earned during the
additional service based on the provisions in effect at the date of such subsequent
retirement. However, the total retirement annuity shall not
exceed the maximum retirement annuity applicable
at the date of the participant's last
retirement. If the salary
of the participant following the latest re-entry
into service is higher than
that in effect at the date of the previous retirement and the
participant
restores to the system all amounts previously received as
retirement annuity payments, upon subsequent
retirement, the retirement annuity shall be recalculated
for all service credited under the system as though the participant
had not previously retired.
The repayment of retirement annuity payments
must be made by
the participant in a single sum or by a withholding from
salary
within a period of 6 years from date of re-entry and in any event before
subsequent retirement. If previous annuity payments have not been repaid
to the system at the date of death of the participant,
any remaining
balance must be fully repaid to the system before any further annuity
shall be payable.
Such member, if unmarried at date of his last retirement, shall also
be entitled to a refund of widow's and widower's annuity contributions,
without interest, covering the period from the date of re-entry into
service to the date of last retirement.
Notwithstanding any other provision of this Article, if a person who first becomes a participant under this System on or after January 1, 2011 (the effective date of Public Act 96-889) is receiving a retirement annuity under this Article and becomes a member or participant under this Article or any other Article of this Code and is employed on a full-time basis, then the person's retirement annuity under this System shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and, if appropriate, be recalculated under the applicable provisions of this Article.(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/2-123) (from Ch. 108 1/2, par. 2-123)
Sec. 2-123.
Refunds.
(a) A participant who ceases to be a member, other than an annuitant, shall,
upon written request, receive a refund of his or her total contributions,
without interest. The refund shall include the additional contributions for
the automatic increase in retirement annuity. By accepting the refund, a
participant forfeits all accrued rights and benefits in the System and loses
credit for all service. However, if he or she again becomes a member, he or
she may resume status as a participant and reestablish any forfeited service
credit by paying to the System the full amount refunded, together with interest
at 4% per annum from the time the refund is paid to the date the member again
becomes a participant.
A former member of the General Assembly may reestablish any service
credit forfeited by acceptance of a refund by paying to the System on or
before February 1, 1993, the full amount refunded, together with interest at
4% per annum from the date of payment of the refund to the date of repayment.
When a member or former member owes money to the System, interest at
the rate of 4% per annum shall accrue and be payable on such amounts owed
beginning on the date of termination of service as a member until the
contributions due have been paid in full.
(b) A participant who (1) has elected to cease making contributions for
survivor's annuity under subsection (b) of Section 2-126, (2) has no eligible
survivor's annuity beneficiary upon becoming an annuitant,
or (3) terminates service with less than 8 years of service is
entitled to a refund of the contributions for a survivor's annuity, without
interest. If the person later marries, a survivor's annuity shall
not be payable upon his or her death, unless the amount of the
refund is repaid to the System, together with interest at the rate of 4% per
year from the date of refund to the date of repayment.
(c) If at the date of retirement or death of a participant who
served as an officer of the General Assembly, the total period of
such service is less than 4 years, the additional contributions made
by such member on the additional salary as an officer shall be refunded
unless the participant served as an officer for at least 2 years and has
contributed the amount he or she would have contributed if he or she had
served as an officer for 4 years as provided in Section 2-126.
(d) Upon the termination of the last survivor's annuity payable to a
survivor of a deceased participant, the excess, if any, of the total
contributions made by the participant for retirement and survivor's annuity,
without interest, over the total amount of retirement and survivor's annuity
payments received by the participant and the participant's survivors shall be
refunded upon request:
(i) if there was a surviving spouse of the deceased | ||
| ||
(ii) if there was no eligible surviving spouse of the | ||
| ||
(e) Upon the death of a participant, if a survivor's annuity is not
payable under this Article, a beneficiary designated by the participant
shall be entitled to a refund of all contributions made by the participant.
If the participant has not designated a refund beneficiary, the surviving
spouse shall be entitled to the refund of contributions; if there is no
surviving spouse, the contributions shall be refunded to
the participant's surviving children, if any, and if no children
survive, the refund payment shall be made to the participant's estate.
(Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
|
(40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
Sec. 2-124. Contributions by State.
(a) The State shall make contributions to the System by
appropriations of amounts which, together with the contributions of
participants, interest earned on investments, and other income
will meet the cost of maintaining and administering the System on a 90%
funded basis in accordance with actuarial recommendations.
(b) The Board shall determine the amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board and the
prescribed rate of interest, using the formula in subsection (c).
(c) For State fiscal years 2012 through 2045, the minimum contribution
to the System to be made by the State for each fiscal year shall be an amount
determined by the System to be sufficient to bring the total assets of the
System up to 90% of the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the required State
contribution shall be calculated each year as a level percentage of payroll
over the years remaining to and including fiscal year 2045 and shall be
determined under the projected unit credit actuarial cost method.
A change in an actuarial or investment assumption that increases or
decreases the required State contribution and first
applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution. A change in an actuarial or investment assumption that increases or
decreases the required State contribution and first
applied to the State contribution in fiscal year 2014, 2015, 2016, or 2017 shall be
implemented: (i) as already applied in State fiscal years before | ||
| ||
(ii) in the portion of the 5-year period beginning in | ||
| ||
For State fiscal years 1996 through 2005, the State contribution to
the System, as a percentage of the applicable employee payroll, shall be
increased in equal annual increments so that by State fiscal year 2011, the
State is contributing at the rate required under this Section.
Notwithstanding any other provision of this Article, the total required State
contribution for State fiscal year 2006 is $4,157,000.
Notwithstanding any other provision of this Article, the total required State
contribution for State fiscal year 2007 is $5,220,300.
For each of State fiscal years 2008 through 2009, the State contribution to
the System, as a percentage of the applicable employee payroll, shall be
increased in equal annual increments from the required State contribution for State fiscal year 2007, so that by State fiscal year 2011, the
State is contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2010 is $10,454,000 and shall be made from the proceeds of bonds sold in fiscal year 2010 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the General Revenue Fund in fiscal year 2010, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable. Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011 pursuant to Section 2-134 and shall be made from the proceeds of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the General Revenue
Fund in fiscal year 2011, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable. Beginning in State fiscal year 2046, the minimum State contribution for
each fiscal year shall be the amount needed to maintain the total assets of
the System at 90% of the total actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of the Budget Stabilization Act or Section 8.12 of the State Finance Act in any fiscal year do not reduce and do not constitute payment of any portion of the minimum State contribution required under this Article in that fiscal year. Such amounts shall not reduce, and shall not be included in the calculation of, the required State contributions under this Article in any future year until the System has reached a funding ratio of at least 90%. A reference in this Article to the "required State contribution" or any substantially similar term does not include or apply to any amounts payable to the System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the required State
contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as
calculated under this Section and
certified under Section 2-134, shall not exceed an amount equal to (i) the
amount of the required State contribution that would have been calculated under
this Section for that fiscal year if the System had not received any payments
under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus
(ii) the portion of the State's total debt service payments for that fiscal
year on the bonds issued in fiscal year 2003 for the purposes of that Section 7.2, as determined
and certified by the Comptroller, that is the same as the System's portion of
the total moneys distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State contribution for State fiscal year 2007 plus the applicable portion of the State's total debt service payments for fiscal year 2007 on the bonds issued in fiscal year 2003 for the purposes of Section 7.2 of the General
Obligation Bond Act, so that, by State fiscal year 2011, the
State is contributing at the rate otherwise required under this Section.
(d) For purposes of determining the required State contribution to the System, the value of the System's assets shall be equal to the actuarial value of the System's assets, which shall be calculated as follows: As of June 30, 2008, the actuarial value of the System's assets shall be equal to the market value of the assets as of that date. In determining the actuarial value of the System's assets for fiscal years after June 30, 2008, any actuarial gains or losses from investment return incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following that fiscal year. (e) For purposes of determining the required State contribution to the system for a particular year, the actuarial value of assets shall be assumed to earn a rate of return equal to the system's actuarially assumed rate of return. (Source: P.A. 100-23, eff. 7-6-17.)
|
(40 ILCS 5/2-125) (from Ch. 108 1/2, par. 2-125)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-125. Obligations of State; funding guarantee. (a) The payment of (1) the required State contributions, (2) all benefits
granted under this system and (3) all expenses of administration and
operation are obligations of the State to the extent specified in this
Article.
(b) All income, interest and dividends derived from deposits and investments
shall be credited to the account of the system in the State Treasury and
used to pay benefits under this Article.
(c) Beginning July 1, 2014, the State shall be obligated to contribute to the System in each State fiscal year an amount not less than the sum of (i) the State's normal cost for the year and (ii) the portion of the unfunded accrued liability assigned to that year by law. Notwithstanding any other provision of law, if the State fails to pay an amount required under this subsection, it shall be the obligation of the Board to seek payment of the required amount in compliance with the provisions of this Section and, if the amount remains unpaid, to bring a mandamus action in the Supreme Court of Illinois to compel the State to make the required payment. If the System submits a voucher for contributions required under Section 2-124 and the State fails to pay that voucher within 90 days of its receipt, the Board shall submit a written request to the Comptroller seeking payment. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide a copy to the Governor and General Assembly. No earlier than the 16th day after the System files the request with the Comptroller and Secretary of State, if the amount remains unpaid the Board shall commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to satisfy the voucher. This subsection (c) constitutes an express waiver of the State's sovereign immunity solely to the extent that it permits the Board to commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to pay a voucher for the contributions required under Section 2-124. (d) Beginning in State fiscal year 2016, the State shall be obligated to make the transfers set forth in subsections (c-5) and (c-10) of Section 20 of the Budget Stabilization Act and to pay to the System its proportionate share of the transferred amounts in accordance with Section 25 of the Budget Stabilization Act. Notwithstanding any other provision of law, if the State fails to transfer an amount required under this subsection or to pay to the System its proportionate share of the transferred amount in accordance with Section 25 of the Budget Stabilization Act, it shall be the obligation of the Board to seek transfer or payment of the required amount in compliance with the provisions of this Section and, if the required amount remains untransferred or the required payment remains unpaid, to bring a mandamus action in the Supreme Court of Illinois to compel the State to make the required transfer or payment or both, as the case may be. If the State fails to make a transfer required under subsection (c-5) or (c-10) of Section 20 of the Budget Stabilization Act or a payment to the System required under Section 25 of that Act, the Board shall submit a written request to the Comptroller seeking payment. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide a copy to the Governor and General Assembly. No earlier than the 16th day after the System files the request with the Comptroller and Secretary of State, if the required amount remains untransferred or the required payment remains unpaid, the Board shall commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to make the required transfer or payment or both, as the case may be. This subsection (d) constitutes an express waiver of the State's sovereign immunity solely to the extent that it permits the Board to commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to make a transfer required under subsection (c-5) or (c-10) of Section 20 of the Budget Stabilization Act and to pay to the System its proportionate share of the transferred amount in accordance with Section 25 of the Budget Stabilization Act. The obligations created by this subsection (d) expire when all of the requirements of subsections (c-5) and (c-10) of Section 20 of the Budget Stabilization Act and Section 25 of the Budget Stabilization Act have been met. (e) Any payments and transfers required to be made by the State pursuant to subsection (c) or (d) are expressly subordinate to the payment of the principal, interest, and premium, if any, on any bonded debt obligation of the State or any other State-created entity, either currently outstanding or to be issued, for which the source of repayment or security thereon is derived directly or indirectly from tax revenues collected by the State or any other State-created entity. Payments on such bonded obligations include any statutory fund transfers or other prefunding mechanisms or formulas set forth, now or hereafter, in State law or bond indentures, into debt service funds or accounts of the State related to such bond obligations, consistent with the payment schedules associated with such obligations.(Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-125. Obligations of State. The payment of (1) the required State contributions, (2) all benefits
granted under this system and (3) all expenses of administration and
operation are obligations of the State to the extent specified in this
Article.
All income, interest and dividends derived from deposits and investments
shall be credited to the account of the system in the State Treasury and
used to pay benefits under this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-126) (from Ch. 108 1/2, par. 2-126)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-126. Contributions by participants.
(a) Each participant shall contribute toward the cost of his or her
retirement annuity a percentage of each payment of salary received by him or
her for service as a member as follows: for service between October 31, 1947
and January 1, 1959, 5%; for service between January 1, 1959 and June 30, 1969,
6%; for service between July 1, 1969 and January 10, 1973, 6 1/2%; for service
after January 10, 1973, 7%; for service after December 31, 1981, 8 1/2%.
(b) Beginning August 2, 1949, each male participant, and from July 1,
1971, each female participant shall contribute towards the cost of the
survivor's annuity 2% of salary.
A participant who has no eligible survivor's annuity beneficiary may elect
to cease making contributions for survivor's annuity under this subsection.
A survivor's annuity shall not be payable upon the death of a person who has
made this election, unless prior to that death the election has been revoked
and the amount of the contributions that would have been paid under this
subsection in the absence of the election is paid to the System, together
with interest at the rate of 4% per year from the date the contributions
would have been made to the date of payment.
(c) Beginning July 1, 1967 and, in the case of Tier 1 participants, ending on June 30, 2014, each participant shall contribute 1% of
salary towards the cost of automatic increase in annuity provided in
Section 2-119.1. These contributions shall be made concurrently with
contributions for retirement annuity purposes.
(d) In addition, each participant serving as an officer of the General
Assembly shall contribute, for the same purposes and at the same rates
as are required of a regular participant, on each additional payment
received as an officer. If the participant serves as an
officer for at least 2 but less than 4 years, he or she shall
contribute an amount equal to the amount that would have been contributed
had the participant served as an officer for 4 years. Persons who serve
as officers in the 87th General Assembly but cannot receive the additional
payment to officers because of the ban on increases in salary during their
terms may nonetheless make contributions based on those additional payments
for the purpose of having the additional payments included in their highest
salary for annuity purposes; however, persons electing to make these
additional contributions must also pay an amount representing the
corresponding employer contributions, as calculated by the System.
(e) Notwithstanding any other provision of this Article, the required contribution of a participant who first becomes a participant on or after January 1, 2011 shall not exceed the contribution that would be due under this Article if that participant's highest salary for annuity purposes were $106,800, plus any increases in that amount under Section 2-108.1. (Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-126. Contributions by participants.
(a) Each participant shall contribute toward the cost of his or her
retirement annuity a percentage of each payment of salary received by him or
her for service as a member as follows: for service between October 31, 1947
and January 1, 1959, 5%; for service between January 1, 1959 and June 30, 1969,
6%; for service between July 1, 1969 and January 10, 1973, 6 1/2%; for service
after January 10, 1973, 7%; for service after December 31, 1981, 8 1/2%.
(b) Beginning August 2, 1949, each male participant, and from July 1,
1971, each female participant shall contribute towards the cost of the
survivor's annuity 2% of salary.
A participant who has no eligible survivor's annuity beneficiary may elect
to cease making contributions for survivor's annuity under this subsection.
A survivor's annuity shall not be payable upon the death of a person who has
made this election, unless prior to that death the election has been revoked
and the amount of the contributions that would have been paid under this
subsection in the absence of the election is paid to the System, together
with interest at the rate of 4% per year from the date the contributions
would have been made to the date of payment.
(c) Beginning July 1, 1967, each participant shall contribute 1% of
salary towards the cost of automatic increase in annuity provided in
Section 2-119.1. These contributions shall be made concurrently with
contributions for retirement annuity purposes.
(d) In addition, each participant serving as an officer of the General
Assembly shall contribute, for the same purposes and at the same rates
as are required of a regular participant, on each additional payment
received as an officer. If the participant serves as an
officer for at least 2 but less than 4 years, he or she shall
contribute an amount equal to the amount that would have been contributed
had the participant served as an officer for 4 years. Persons who serve
as officers in the 87th General Assembly but cannot receive the additional
payment to officers because of the ban on increases in salary during their
terms may nonetheless make contributions based on those additional payments
for the purpose of having the additional payments included in their highest
salary for annuity purposes; however, persons electing to make these
additional contributions must also pay an amount representing the
corresponding employer contributions, as calculated by the System.
(e) Notwithstanding any other provision of this Article, the required contribution of a participant who first becomes a participant on or after January 1, 2011 shall not exceed the contribution that would be due under this Article if that participant's highest salary for annuity purposes were $106,800, plus any increases in that amount under Section 2-108.1. (Source: P.A. 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/2-126.1) (from Ch. 108 1/2, par. 2-126.1)
Sec. 2-126.1.
Pickup of contributions.
(a) The State shall pick up the participant contributions
required under Section 2-126 for all salary
earned after December 31, 1981. The contributions so picked
up shall be treated as employer contributions in determining tax treatment
under the United States Internal Revenue Code. The State shall pay these
participant contributions from the same source of funds which is used in
paying salary to the participant. The State may pick up these
contributions by a reduction in the cash salary of the participant.
If participant contributions are picked up
they shall be treated for all purposes of this Article 2 in the same manner
as participant contributions that were made prior to the date that the
pick up of contributions began.
(b) Subject to the requirements of federal law, a participant may elect to
have the employer pick up optional contributions that the participant has
elected to pay to the System, and the contributions so picked up shall be
treated as employer contributions for the purposes of determining federal tax
treatment. The employer shall pick up the contributions by a reduction in the
cash salary of the participant and shall pay the contributions from the same
fund that is used to pay earnings to the participant.
The election to have optional contributions picked up is irrevocable and the
optional contributions may not thereafter be prepaid, by direct payment or
otherwise. If the provision authorizing the optional contribution requires
payment by a stated date (rather than the date of withdrawal or retirement),
that requirement shall be deemed to have been satisfied if (i) on or before the
stated date the participant executes a valid irrevocable election to have the
contributions picked up under this subsection, and (ii) the picked-up
contributions are in fact paid to the System as provided in the election.
(Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
|
(40 ILCS 5/2-126.5) (This Section was added by P.A. 98-599, which has been held unconstitutional) Sec. 2-126.5. Use of contributions for health care subsidies. The System shall not use any contribution received by the System under this Article to provide a subsidy for the cost of participation in a retiree health care program.
(Source: P.A. 98-599, eff. 6-1-14.) |
(40 ILCS 5/2-127) (from Ch. 108 1/2, par. 2-127)
Sec. 2-127. Board created. The system shall be administered by a board
of trustees of 7 members as follows: 3 members of the
Senate appointed by the President; 3 members of the House of
Representatives appointed by the Speaker; and one person elected
from the member annuitants under rules prescribed by the board. Only
participants are eligible to serve as board members. Not more
than 2 members of the House of Representatives, and not more than 2 members
of the Senate so appointed shall be of the same political party. Appointed
board members shall serve for 2-year terms. If the office of President of
the Senate or Speaker of the House is vacant or its incumbent is not
a participant, the position of trustee otherwise occupied by such officers
shall be deemed vacant and be filled by appointment by the Governor with a
member of the Senate or the House, as the case may be. This appointment
shall be of the same political party as the vacated position.
Elections for the annuitant member shall be held in January of 1993 and
every fourth year thereafter. Nominations and
elections shall be conducted in accordance with such procedures as the
Board may prescribe. In the event that only one eligible person is
nominated, the Board may declare the nominee elected at the close of the
nomination period, and need not conduct an election. The annuitant member
elected in 1989 shall serve for a term of 4 years beginning February 1,
1989; thereafter, an annuitant member shall serve for a period of
4 years from the February 1st immediately following the date
of election, and until a successor is elected and qualified.
Every person designated to serve as a trustee shall take an oath of
office and shall thereupon qualify as a trustee. The oath shall state that
the person will diligently and honestly administer the affairs of the
system, and will not knowingly violate or wilfully permit the violation of
any of the provisions of this Article.
(Source: P.A. 101-307, eff. 8-9-19.)
|
(40 ILCS 5/2-128) (from Ch. 108 1/2, par. 2-128)
Sec. 2-128.
Board vacancy.
A vacancy in the office of an appointed or ex-officio member occurring
during the session of the General Assembly shall be filled by appointment
for the unexpired term in the manner provided in Section
2-127 for the initial selection of such members. A vacancy occurring during the
interim recess of the General Assembly shall be filled by the Governor for
the unexpired term.
An annuitant trustee shall be disqualified to serve as trustee upon
removal of his or her permanent residence from the State of Illinois.
A vacancy in the office of an annuitant member shall be
filled for the unexpired term by the remaining members of the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-129) (from Ch. 108 1/2, par. 2-129)
Sec. 2-129.
Board voting.
Each trustee is entitled to one vote on any action of the board.
Not less than 4 concurring votes shall be necessary for action by the board at
any meeting. No decision or action shall be effective unless so approved by
the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-130) (from Ch. 108 1/2, par. 2-130)
Sec. 2-130.
Board powers and duties.
The board shall have the powers and duties stated in Sections 2-131 through
2-143, in addition to the other powers
and duties provided in this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-131) (from Ch. 108 1/2, par. 2-131)
Sec. 2-131.
To hold meetings.
To hold regular meetings at least
twice in each year, and special meetings at such times as are deemed
necessary by the board. At least 10 days' notice of each meeting shall be
given to each trustee. All meetings shall be open to the public and shall
be held in the office of the board.
(Source: P.A. 86-273.)
|
(40 ILCS 5/2-132) (from Ch. 108 1/2, par. 2-132)
Sec. 2-132.
To authorize payments.
To consider and pass on all applications for annuities and refunds; to
authorize the granting of all annuities and refunds; to suspend any
payment or payments, all in accordance with this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-133) (from Ch. 108 1/2, par. 2-133)
Sec. 2-133.
To certify interest rate and adopt actuarial tables.
To certify in the records of the board the prescribed interest rate, and
to adopt all necessary actuarial tables in accordance with recommendations
of the actuary.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134) Sec. 2-134. To certify required State contributions and submit vouchers. (a) The Board shall certify to the Governor on or before December 15 of each year until December 15, 2011 the amount of the required State contribution to the System for the next fiscal year and shall specifically identify the System's projected State normal cost for that fiscal year. The certification shall include a copy of the actuarial recommendations upon which it is based and shall specifically identify the System's projected State normal cost for that fiscal year. On or before November 1 of each year, beginning November 1, 2012, the Board shall submit to the State Actuary, the Governor, and the General Assembly a proposed certification of the amount of the required State contribution to the System for the next fiscal year, along with all of the actuarial assumptions, calculations, and data upon which that proposed certification is based. On or before January 1 of each year beginning January 1, 2013, the State Actuary shall issue a preliminary report concerning the proposed certification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions. On or before January 15, 2013 and every January 15 thereafter, the Board shall certify to the Governor and the General Assembly the amount of the required State contribution for the next fiscal year. The Board's certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution. On or before May 1, 2004, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2005, taking into account the amounts appropriated to and received by the System under subsection (d) of Section 7.2 of the General Obligation Bond Act. On or before July 1, 2005, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2006, taking into account the changes in required State contributions made by this amendatory Act of the 94th General Assembly. On or before April 1, 2011, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2011, applying the changes made by Public Act 96-889 to the System's assets and liabilities as of June 30, 2009 as though Public Act 96-889 was approved on that date. By November 1, 2017, the Board shall recalculate and recertify to the State Actuary, the Governor, and the General Assembly the amount of the State contribution to the System for State fiscal year 2018, taking into account the changes in required State contributions made by this amendatory Act of the 100th General Assembly. The State Actuary shall review the assumptions and valuations underlying the Board's revised certification and issue a preliminary report concerning the proposed recertification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions. The Board's final certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution. (b) Unless otherwise directed by the Comptroller under subsection (b-1), the Board shall submit vouchers for payment of State contributions to the System for the applicable month on the 15th day of each month, or as soon thereafter as may be practicable. The amount vouchered for a monthly payment shall total one-twelfth of the required annual State contribution certified under subsection (a). (b-1) Beginning in State fiscal year 2025, if the Comptroller requests that the Board submit, during a State fiscal year, vouchers for multiple monthly payments for advance payment of State contributions due to the System for that State fiscal year, then the Board shall submit those additional monthly vouchers as directed by the Comptroller, notwithstanding subsection (b). Unless an act of appropriations provides otherwise, nothing in this Section authorizes the Board to submit, in a State fiscal year, vouchers for the payment of State contributions to the System in an amount that exceeds the rate of payroll that is certified by the System under this Section for that State fiscal year. (b-2) The vouchers described in subsections (b) and (b-1) shall be paid by the State Comptroller and Treasurer by warrants drawn on the funds appropriated to the System for that fiscal year. If in any month the amount remaining unexpended from all other appropriations to the System for the applicable fiscal year (including the appropriations to the System under Section 8.12 of the State Finance Act and Section 1 of the State Pension Funds Continuing Appropriation Act) is less than the amount lawfully vouchered under this Section, the difference shall be paid from the General Revenue Fund under the continuing appropriation authority provided in Section 1.1 of the State Pension Funds Continuing Appropriation Act. (c) The full amount of any annual appropriation for the System for State fiscal year 1995 shall be transferred and made available to the System at the beginning of that fiscal year at the request of the Board. Any excess funds remaining at the end of any fiscal year from appropriations shall be retained by the System as a general reserve to meet the System's accrued liabilities.(Source: P.A. 103-588, eff. 6-5-24.) |
(40 ILCS 5/2-136) (from Ch. 108 1/2, par. 2-136)
Sec. 2-136.
To provide for examination of disability annuitants.
To provide for the examination of disability annuitants at least once
each year during the continuance of disability prior to age 60. The
examination shall be by one or more licensed physicians designated by the
board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-137) (from Ch. 108 1/2, par. 2-137)
Sec. 2-137.
To establish an office.
To establish an office or offices with suitable space for the meetings
of the board and for the necessary administrative personnel. All books and
records shall be kept in such offices.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-138) (from Ch. 108 1/2, par. 2-138)
Sec. 2-138.
To hire employees.
To appoint a secretary and employ such other actuarial, medical,
clerical or other help as shall be required for the efficient
administration of the system and to determine and fix their rate of pay.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-139) (from Ch. 108 1/2, par. 2-139)
Sec. 2-139.
To keep records and accounts.
To keep a permanent record of all proceedings of the board, a separate
account for each individual member and such additional data as are specified
by the actuary as necessary for required calculations and valuations.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-139.1) Sec. 2-139.1. To request information. To request from any member, annuitant, beneficiary, or employer such information as is necessary for the proper administration of the System.
(Source: P.A. 99-450, eff. 8-24-15.) |
(40 ILCS 5/2-140) (from Ch. 108 1/2, par. 2-140)
Sec. 2-140.
To have an audit and submit statements.
To have the accounts of the system audited at least biennially by a
certified public accountant designated by the Auditor General and to submit
an annual statement to the Governor as soon as possible after the end of
each fiscal year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-141) (from Ch. 108 1/2, par. 2-141)
Sec. 2-141.
To accept gifts.
To accept any gift, grant or bequest of any money or securities. If the
grantor specifies the purpose of providing cash benefits for some or all of
the participants or annuitants of the system, the gift shall be so used; if
no such purpose is designated, the gift shall be used to reduce the costs
of the State for providing benefits.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-142) (from Ch. 108 1/2, par. 2-142)
Sec. 2-142.
To submit individual statement.
To submit an individual statement to any participating member upon the
member's request. The statement shall show the amount of accumulations
to the member's credit as of the latest date practicable.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-143) (from Ch. 108 1/2, par. 2-143)
Sec. 2-143.
To establish rules.
To establish rules necessary for the efficient administration of the
system.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-144) (from Ch. 108 1/2, par. 2-144)
Sec. 2-144.
Secretary.
The secretary shall be in charge of the administration of the
detailed affairs of the system and, in addition to such other powers and
duties as are delegated by the board, shall:
(1) Collect and record the receipt of all income of the system,
including participants' contributions, State contributions, interest and
principal collections on investments as they become due and payable,
and other income accruing to the system, and immediately deposit them
with the State Treasurer for the account of the system;
(2) Sign vouchers requesting the State Comptroller to draw warrants
upon the State Treasurer in accordance with resolutions of the board,
authorizing payments of benefits, refunds and expenses out of the funds
of the system;
(3) Certify to the State, the names of the persons from whose salary deductions
are to be made and the amounts or rates to be so deducted.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-145) (from Ch. 108 1/2, par. 2-145)
Sec. 2-145.
Treasurer.
The State Treasurer shall be ex-officio the
treasurer of the system and shall:
(1) Act as official custodian of the cash and securities of the system
and provide adequate safe deposit facilities for the preservation of such
securities, and hold such cash and securities subject to the order of the
board;
(2) Receive from the secretary all items of cash belonging to the
system, including participants' contributions, State contributions,
interest and principal on investments and other income accruing to the
system, and deposit all such amounts in a special trust fund for the
account of the system;
(3) Make payments for purposes specified in this Article upon warrants
or direct deposit transmittals of the State Comptroller drawn in accordance
with vouchers signed by the secretary pursuant to resolutions of the board;
(4) Submit to the board at least once each month a statement of all
receipts for the account of the system and all payments chargeable to the
system;
(5) Furnish a corporate surety bond acceptable to the board in such
amount as the board shall designate. The bond shall indemnify the board
against any loss which may result from any action or omission of the
Treasurer or any of the Treasurer's agents. All reasonable charges
incidental to the procuring and giving of the bond shall be paid by the board.
Any cash accruing to the system not required for current
expenditures by the system shall be transferred to the Illinois State
Board of Investment for purposes of investment.
Until such transfer is made, those funds shall be invested temporarily by
the Treasurer on behalf of the system and interest earned thereon shall be
credited to the trust fund of the system.
(Source: P.A. 86-273.)
|
(40 ILCS 5/2-146) (from Ch. 108 1/2, par. 2-146)
Sec. 2-146. Actuary. The actuary shall be the technical advisor of the
board and, in addition to supplying general information on technical matters, shall:
(1) Make an investigation at least once every 3 years | ||
| ||
(2) Make an annual valuation of the liabilities and | ||
| ||
(Source: P.A. 99-232, eff. 8-3-15.)
|
(40 ILCS 5/2-147) (from Ch. 108 1/2, par. 2-147)
Sec. 2-147.
State Comptroller.
The State Comptroller in drawing salary warrants on payroll vouchers
for members shall draw such warrants to participants for the
salary specified less the member contributions to be deducted,
as certified
in the vouchers, and shall draw a warrant to the system for
the total of the contributions so withheld on each such payroll voucher.
The warrant drawn to the system, and the additional copy of the payroll,
shall be transmitted immediately to the secretary.
The Comptroller shall draw warrants or prepare direct deposit transmittals
upon the State Treasurer payable
from the funds of this system for purposes of this Article
upon the presentation of vouchers approved by the secretary in
accordance with resolutions of the board, and in
the exercise of the investment authority, upon presentation of vouchers
approved by the director of the Illinois State Board of Investment in
accordance with the order and direction of said board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-148) (from Ch. 108 1/2, par. 2-148)
Sec. 2-148.
Speaker of House - President of Senate.
The Speaker of the House and the President of the Senate, in the
preparation of payroll vouchers for payments of salary to participants,
shall indicate in addition to other things: (1) the amount of contributions
to be deducted from the salary of each
participant included in each voucher, (2) the
net amount payable to each
participant after such deductions
and, (3) the total of
all participant contributions so deducted. An additional
certified copy of each
payroll voucher certified by the State shall be prepared and forwarded
along with the original payroll voucher to the State Comptroller for
transmittal to the board as herein provided.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-149) (from Ch. 108 1/2, par. 2-149)
Sec. 2-149.
Authorization.
Each participant shall, by virtue of the payment
of the participant contributions paid
to the system, receive a vested
interest in the refunds provided herein, and in consideration of such vested
interest agrees to and authorizes the deductions from
salary of all contributions required under this Article.
Payment of salary as prescribed by law, less the required participant
contributions, shall, together
with the vested rights in the refunds,
be a full and complete discharge of all claims of payments for service rendered
by a participant during the period covered by any such payment.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-150) (from Ch. 108 1/2, par. 2-150)
Sec. 2-150.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this
Code, is adopted, and made a
part of this Article; provided, (1) that where there is a direct conflict in
the provisions of such Act and the specific provisions of this Article,
the provisions of this Article shall prevail, and
(2) that Section 20-131 shall be applicable to this system only if
a participant has rendered at least 6 years of service as a member and,
(3) that in the case of any participant who would have
been eligible to have his or her retirement
annuity computed under Section 20-131, the survivor's annuity payable
in the event of the participant's death under Section
2-121 to the surviving spouse shall be computed on the
basis of the retirement annuity to which the participant
would have been entitled under the provisions of Section
20-131 if such computation would result in a greater survivor's
annuity.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-151) (from Ch. 108 1/2, par. 2-151)
Sec. 2-151.
No compensation.
Trustees shall serve without compensation, but shall be reimbursed for
reasonable traveling expenses incurred in attending meetings
of the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-152) (from Ch. 108 1/2, par. 2-152)
Sec. 2-152.
No monetary gain on investments.
No trustee or employee of the board shall have any direct interest in
the income, gains or profits of any investments made in behalf of the
system, nor receive any pay
or emolument for services in
connection with any investment. No trustee or employee of the board shall
become an endorser or surety, or in any manner an obligor for money loaned
or borrowed from the system. Whoever violates any of the provisions of this
Section is guilty of a petty offense.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-153) (from Ch. 108 1/2, par. 2-153)
Sec. 2-153.
Undivided interest.
The assets of the system shall be invested as one fund, and no
particular person, group of persons or entity shall have any right in any
specific security or property, or in any item of cash, other than an
undivided interest in the whole as specified in this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-154) (from Ch. 108 1/2, par. 2-154)
Sec. 2-154.
Assignment.
Except as provided in this Article, all moneys
in the fund created by this Article, and all securities and other property
of the System, and all annuities and other benefits payable under this
Article, and all accumulated contributions and other credits of
participants in this system, and the right of any person to receive an
annuity or other benefit under this Article, or a refund or return of
contributions, shall not be subject to judgment, execution, garnishment,
attachment or other seizure by process, in bankruptcy or otherwise, nor to
sale, pledge, mortgage or other alienation, and shall not be assignable.
However, a person receiving an annuity or benefit, or refund or return of
contributions, may authorize withholding from such annuity, benefit, refund
or return of contributions in accordance with the provisions of the "State
Salary and Annuity Withholding Act", approved August 21, 1961, as now or
hereafter amended.
The General Assembly finds and declares that the amendment to this
Section made by this amendatory Act of 1989 is a clarification of existing
law, and an indication of its previous intent in enacting and amending this
Section. Notwithstanding Section 1-103.1, application of this amendment
shall not be limited to persons in service on or after the effective date
of this amendatory Act of 1989.
(Source: P.A. 86-273.)
|
(40 ILCS 5/2-155) (from Ch. 108 1/2, par. 2-155)
Sec. 2-155.
Fraud.
Any person who knowingly makes any false statement, or falsifies or
permits to be falsified any record of this system, in any attempt to
defraud the system, is guilty of a petty offense.
(Source: P.A. 77-2560.)
|
(40 ILCS 5/2-155.1) Sec. 2-155.1. Mistake in benefit. If the System mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered. If the benefit was mistakenly set too low, the System shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid. If the benefit was mistakenly set too high, the System may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient. However, if (1) the amount of the benefit was mistakenly set too high, and (2) the error was undiscovered for 3 years or longer, and (3) the error was not the result of incorrect information supplied by the affected member or beneficiary, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit need not repay to the System the excess amounts received in error. This Section applies to all mistakes in benefit calculations that occur before, on, or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1117, eff. 8-26-14.) |
(40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
Sec. 2-156. Felony conviction. None of the benefits herein provided for shall be paid to any person who
is convicted of any felony relating to or arising out of or in connection
with his or her service as a member.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the member from whom the benefit results. This Section shall not operate to impair any contract or vested right acquired
prior to July 11, 1955 under any law or laws
continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All participants entering service subsequent to
July 11, 1955 shall
be deemed to have consented to the provisions of this Section as a
condition of participation, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/2-157) (from Ch. 108 1/2, par. 2-157)
Sec. 2-157.
Administrative review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
|
(40 ILCS 5/2-158) (from Ch. 108 1/2, par. 2-158)
Sec. 2-158.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/2-160) (from Ch. 108 1/2, par. 2-160)
Sec. 2-160.
Savings clause.
The repeal or amendment of any Section
or provision of this Article by this amendatory Act of 1984 shall not affect
or impair any pensions, benefits, rights or credits accrued or in effect
prior thereto.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/2-161) (from Ch. 108 1/2, par. 2-161)
Sec. 2-161.
Application of amendments.
The amendments to Sections 2-119.1
and 2-126 of this Code made by this amendatory Act of 1993 shall apply to
persons who are active contributors to this System on or after November 30,
1992. A person who was an active contributor to the System on November 30,
1992 but is no longer an active contributor may apply for any additional
benefits authorized by those amendments until 60 days after the effective date
of this amendatory Act of 1993; if the person is an annuitant, the resulting
increase in annuity shall begin to accrue on the first day of the month
following the month in which application for the benefit and any required
contribution are received by the System.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/2-162)
Sec. 2-162. Application and expiration of new benefit increases. (a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 94th General Assembly. (b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues. Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection. The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Insurance. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void. If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c). This does not prevent the General Assembly from extending or re-creating a new benefit increase by law. (e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source: P.A. 103-426, eff. 8-4-23.) |
(40 ILCS 5/2-163) Sec. 2-163. Termination of plan. Upon plan termination, a participant's interest in the pension fund will be nonforfeitable.
(Source: P.A. 98-1117, eff. 8-26-14.) |
(40 ILCS 5/2-165)
Sec. 2-165. (Repealed).
(Source: P.A. 98-599, eff. 6-1-14. Repealed by P.A. 100-23, eff. 7-6-17.)
|
(40 ILCS 5/2-166)
Sec. 2-166. (Repealed).
(Source: P.A. 98-599, eff. 6-1-14. Repealed by P.A. 100-23, eff. 7-6-17.)
|
(40 ILCS 5/Art. 3 heading) ARTICLE 3.
POLICE PENSION FUND - MUNICIPALITIES
500,000 and UNDER
|
(40 ILCS 5/3-101) (from Ch. 108 1/2, par. 3-101)
Sec. 3-101. Creation of fund. In each municipality, as defined in Section 3-103, the city council or
the board of trustees, as the case may be, shall establish and administer a
police pension fund, as prescribed in this Article, for the
benefit of its police officers and of their surviving spouses,
children, and certain other dependents. The duty of the corporate authorities of a municipality to establish and administer a police pension fund shall be suspended during any period during which the fund is dissolved under Section 3-144.6 of this Code.
(Source: P.A. 97-99, eff. 1-1-12.)
|
(40 ILCS 5/3-102) (from Ch. 108 1/2, par. 3-102)
Sec. 3-102.
Terms defined.
The terms used in this Article have the meanings
ascribed to them in Sections 3-103 through 3-108.3, except when
the context otherwise requires.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
Sec. 3-103.
Municipality.
"Municipality": (1) Any city, village or incorporated town of 5,000
or more but less than 500,000 inhabitants,
as determined from the United
States Government statistics or a census taken at any time by the city,
village or incorporated town and (2) any city, village or incorporated
town of
less than 5,000 inhabitants which, by referendum held under Section 3-145
adopts this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-105) (from Ch. 108 1/2, par. 3-105)
Sec. 3-105.
Board.
"Board": The board of trustees of the police pension fund of a
municipality as established in Section 3-128.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-105.1) (from Ch. 108 1/2, par. 3-105.1)
Sec. 3-105.1.
Deferred Pensioner.
"Deferred Pensioner": a police officer
who has retired having accumulated enough creditable service to qualify for
a pension, but who has not attained the required age.
(Source: P.A. 84-1010.)
|
(40 ILCS 5/3-105.2)
Sec. 3-105.2.
Self-Managed Plan.
"Self-managed plan": The defined
contribution retirement program established for eligible employees under
Section 3-109.3. The self-managed plan includes disability benefits as
provided in Sections 3-114.1, 3-114.2, 3-114.3, and 3-114.6 (but disregarding
disability retirement annuities under Section 3-116.1). The self-managed plan
does not include any retirement annuities, death benefits, or survivors
insurance benefits payable directly from the fund under Section 3-111, 3-111.1,
3-112, 3-114.1, 3-114.2, 3-114.3, 3-114.6, or 3-116.1 or any refunds determined
under Section 3-124.
(Source: P.A. 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-106) (from Ch. 108 1/2, par. 3-106)
Sec. 3-106.
Police officer, officer.
"Police officer" or "officer":
Any person who (1) is appointed to the police force of a police department
and sworn and commissioned to perform police duties; and (2) within 3 months
after receiving his or her first
appointment and, if reappointed, within 3 months thereafter, or as
otherwise provided in Section 3-109, makes written application to the board
to come under the provisions of this Article.
Police officers serving initial probationary periods, if otherwise eligible,
shall be police officers within the meaning of this Section.
(Source: P.A. 89-52, eff. 6-30-95.)
|
(40 ILCS 5/3-107) (from Ch. 108 1/2, par. 3-107)
Sec. 3-107.
Gender.
"Gender": The masculine gender whenever used in
this Article includes the female gender unless manifestly inconsistent with
the context.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-108) (from Ch. 108 1/2, par. 3-108)
Sec. 3-108. Child or children. "Child" or "children": "Child" or "children" includes a police officer's
natural and legally adopted
children.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/3-108.1) (from Ch. 108 1/2, par. 3-108.1)
Sec. 3-108.1.
Dependent parent.
"Dependent parent": A parent who furnishes
satisfactory proof that the deceased police officer at the time of his or
her death was the sole support of the parent or that the parent was the
dependent of the deceased police officer for federal income tax purposes.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-108.2)
Sec. 3-108.2.
Participant.
"Participant": A police officer or deferred
pensioner of a pension fund, or a beneficiary of the pension fund.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/3-108.3)
Sec. 3-108.3. Beneficiary. "Beneficiary": A person receiving benefits from
a pension fund, including, but not limited to, retired pensioners, disabled
pensioners, their surviving spouses, minor children, disabled children, and
dependent parents. If a special needs trust as described in Section 1396p(d)(4) of Title 42 of the United States Code, as amended from time to time, has been established for a disabled adult child, then the special needs trust may stand in lieu of the disabled adult child as a beneficiary for the purposes of this Article.
(Source: P.A. 96-1143, eff. 7-21-10.)
|
(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
Sec. 3-109. Persons excluded.
(a) The following persons shall not be eligible to participate in a fund
created under this Article:
(1) part-time police officers, special police | ||
| ||
(2) any police officer who fails to pay the | ||
| ||
(3) any person who has elected under Section 3-109.1 | ||
| ||
(b) A police officer who is reappointed shall, before being declared
eligible to participate in the pension fund, repay to the fund as required
by Section 3-124 any refund received thereunder.
(c) Any person otherwise qualified to participate who was
excluded from participation by reason of the age restriction removed by
Public Act 79-1165 may elect to participate by making a written application
to the Board before January 1, 1990. Persons so electing shall begin
participation on the first day of the month following the date of
application. Such persons may also elect to establish creditable service
for periods of employment as a police officer during which they did not
participate by paying into the police pension fund, before January 1, 1990,
the amount that the person would have contributed had deductions from
salary been made for such purpose at the time such service was rendered,
together with interest thereon at 6% per annum from the time such service
was rendered until the date the payment is made.
(d) A person otherwise qualified to participate who was excluded from
participation by reason of the fitness requirement removed by this amendatory
Act of 1995 may elect to participate by making a written application to the
Board before July 1, 1996. Persons so electing shall begin participation on
the first day of the month following the month in which the application is
received by the Board. These persons may also elect to establish creditable
service for periods of employment as a police officer during which they did not
participate by paying into the police pension fund, before January 1, 1997, the
amount that the person would have contributed had deductions from salary been
made for this purpose at the time the service was rendered, together with
interest thereon at 6% per annum, compounded annually, from the time the
service was rendered until the date of payment.
(e) A person employed by the Village of Shiloh who is otherwise qualified to participate and was excluded from
participation by reason of his or her failure to make written application to the Board within 3 months after receiving his or her first appointment or reappointment as required under Section 3-106 may elect to participate by making a written application to the
Board before July 1, 2008. Persons so electing shall begin participation on
the first day of the month following the month in which the application is
received by the Board. These persons may also elect to establish creditable
service for periods of employment as a police officer during which they did not
participate by paying into the police pension fund, before January 1, 2009, the
amount that the person would have contributed had deductions from salary been
made for this purpose at the time the service was rendered, together with
interest thereon at 6% per annum, compounded annually, from the time the
service was rendered until the date of payment. The Village of Shiloh must pay to the System the corresponding employer contributions, plus interest.
(f) A person who has entered into a personal services contract to perform police duties for the Village of Bartonville on or before the effective date of this amendatory Act of the 96th General Assembly may be appointed as an officer in the Village of Bartonville within 6 months after the effective date of this amendatory Act, but shall be excluded from participating under this Article. (g) A person employed by the Village of Glen Carbon who is otherwise qualified to participate and was excluded from
participation by reason of his or her failure to make written application to the Board within 3 months after receiving his or her first appointment or reappointment as required under Section 3-106 may elect to participate by making a written application to the
Board before January 1, 2011. Persons so electing shall begin participation on
the first day of the month following the month in which the application is
received by the Board. These persons may also elect to establish creditable
service for periods of employment as a police officer during which they did not
participate by paying into the police pension fund, before July 1, 2011, (i) employee contributions that the person would have contributed had deductions from salary been
made for this purpose at the time the service was rendered, (ii) employer contributions that the employer would have contributed had deductions from salary been
made for this purpose at the time the service was rendered, plus (iii) interest on items (i) and (ii) at the actuarially assumed interest rate, compounded annually, from the time the
service was rendered until the date of payment. (Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09; 96-1252, eff. 7-23-10.)
|
(40 ILCS 5/3-109.1) (from Ch. 108 1/2, par. 3-109.1)
Sec. 3-109.1. Chief of police.
(a) Except as provided in subsection (a-5), beginning January 1, 1990, any person who is employed as the chief
of police of a "participating municipality" as defined in Section 7-106 of this
Code, may elect to participate in the Illinois Municipal Retirement Fund rather
than in a fund created under this Article 3. Except as provided in
subsection (b), this election shall be irrevocable, and shall be
filed in writing with the Board of the Illinois Municipal Retirement Fund.
(a-5) On or after January 1, 2019, a person may not elect to participate in the Illinois Municipal Retirement Fund with respect to his or her employment as the chief of police of a participating municipality, unless that person became a participating employee in the Illinois Municipal Retirement Fund before January 1, 2019. (b) Until January 1, 1999, a chief of police who has elected under this
Section to participate in IMRF rather than a fund created under this Article
may elect to rescind that election and transfer his or her participation
to the police pension fund established under this Article by the employing
municipality. The chief must notify the boards of trustees of both funds in
writing of his or her decision to rescind the election and transfer
participation. A chief of police who transfers participation under this
subsection (b) shall not be deemed ineligible to participate in the police
pension fund by reason of having failed to apply within the 3-month period
specified in Section 3-106.
(Source: P.A. 100-281, eff. 8-24-17.)
|
(40 ILCS 5/3-109.2)
Sec. 3-109.2.
Retirement Program Elections.
(a) For the purposes of this Section and Section 3-109.3:
"Eligible employee" means a police officer who is hired on or within one
year after the effective date of the self-managed plan established under
Section 3-109.3.
"Ineligible employee" means a police officer who is hired before or more
than one year after that effective date.
(b) Each eligible employee may elect to participate in the self-managed plan
with respect to all periods of covered employment occurring on and after the
effective date of the eligible employee's election. The election must be made
in writing, in the manner prescribed by the fund, and within 6 months after
the later of (i) the date upon which the self-managed plan takes effect or
(ii) the date of hire.
The election, once made, is irrevocable. If an employee terminates
employment after making the election, then upon his or her subsequent
re-employment under this Article with the same municipality, the original
election shall automatically be reinstated.
A police officer who does not elect to participate in the self-managed plan
within the permitted time shall participate in the defined benefit plan
otherwise provided under this Article.
The employer shall not remit contributions to the fund on behalf of an
eligible employee until the earlier of the expiration of the employee's 6-month
election period or the date on which the employee submits a properly completed
election to the employer or to the fund.
(c) Each eligible employee shall be provided with written information
prepared or prescribed by the fund, describing the employee's retirement
program choices. The eligible employee shall be offered an opportunity to
receive counseling from the fund prior to making his or her election. This
counseling may consist of videotaped materials, group presentations, individual
consultation with an employee or authorized representative of the fund in
person or by telephone or other electronic means, or any combination of these
methods.
(Source: P.A. 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-109.3)
Sec. 3-109.3. Self-managed plan.
(a) Purpose. The General Assembly finds that it is
important for municipalities to be able to attract and retain the most
qualified police officers and that in order to attract and retain these police
officers, municipalities should have the flexibility to provide a defined
contribution plan as an alternative for eligible employees who elect not
to participate in a defined benefit retirement program provided under this
Article. Accordingly, a self-managed plan shall be provided, which shall offer
participating employees the opportunity to accumulate assets for retirement
through a combination of employee and employer contributions that may be
invested in mutual funds, collective investment funds, or other investment
products and used to purchase annuity contracts, either fixed or variable,
or a combination thereof. The plan must be qualified under the Internal
Revenue Code of 1986.
(b) Study by Commission; Adoption of plan.
The Illinois Pension Laws Commission (or its successor, the Commission on Government Forecasting and Accountability) shall study
and evaluate the creation
of a statewide self-managed plan for eligible employees under this Article.
The Commission shall report its findings and recommendations to the General
Assembly no later than January 1, 2002.
In accordance with the recommendations of the Commission and any action
taken by the General Assembly in response to those recommendations, a statewide
self-managed plan shall be adopted for eligible employees under this Article.
The self-managed plan shall take effect as specified in the plan, but in no
event earlier than July 1, 2002 or the date of its approval by the U.S.
Internal Revenue Service, whichever occurs later.
The self-managed plan shall include a plan document and shall provide for the
adoption of such rules and procedures as are necessary or desirable for the
administration of the self-managed plan. Consistent with fiduciary duty to the
participants and beneficiaries of the self-managed plan, it may provide for
delegation of suitable aspects of plan administration to companies authorized
to do business in this State.
(c) Selection of service providers and funding vehicles. The principal
administrator of the self-managed plan shall solicit proposals to provide
administrative services and funding vehicles for the self-managed plan from
insurance and annuity companies and mutual fund companies, banks, trust
companies, or other financial institutions authorized to do business in this
State. In reviewing the proposals received and approving and contracting with
no fewer than 2 and no more than 7 companies, the principal administrator shall
consider, among other things, the following criteria:
(1) the nature and extent of the benefits that would | ||
| ||
(2) the reasonableness of the benefits in relation to | ||
| ||
(3) the suitability of the benefits to the needs and | ||
| ||
(4) the ability of the company to provide benefits | ||
| ||
(5) the efficacy of the contract in the recruitment | ||
| ||
The principal administrator shall periodically review each approved company.
A company may continue to provide administrative services and funding vehicles
for the self-managed plan only so long as it continues to be an approved
company under contract with the principal administrator.
(d) Employee Direction. Employees who are participating in the
program must be allowed to direct the transfer of their account balances among
the various investment options offered, subject to applicable contractual
provisions. The participant shall not be deemed a fiduciary by reason of
providing such investment direction. A person who is a fiduciary shall not be
liable for any loss resulting from such investment direction and shall not be
deemed to have breached any fiduciary duty by acting in accordance with that
direction. The self-managed plan does not guarantee any of the investments in
the employee's account balances.
(e) Participation. An eligible employee must make a written election in
accordance with the provisions of Section 3-109.2 and the procedures
established under the self-managed plan. Participation in the self-managed
plan by an eligible employee who elects to participate in the self-managed plan
shall begin on the first day of the first pay period following the later of the
date the employee's election is filed with the fund or the employer, but in no
event sooner than the effective date of the self-managed plan.
A police officer who has elected to participate in the self-managed plan
under this Section must continue participation while employed in an eligible
position, and may not participate in any other retirement program administered
by the municipality while employed as a police officer by that municipality.
Participation in the self-managed plan under this Section shall constitute
membership in an Article 3 pension fund.
(f) No Duplication of Service Credit. Notwithstanding any other provision
of this Article, a police officer may not purchase or receive service or
service credit applicable to any other retirement program administered by a
fund under this Article for any period during which the police officer was a
participant in the self-managed plan established under this Section.
(g) Contributions. The self-managed plan shall be funded by contributions
from participants in the self-managed plan and employer contributions as
provided in this Section.
The contribution rate for a participant in the self-managed plan under
this Section shall be a minimum of 10% of his or her salary. This required
contribution shall be made as an "employer pick-up" under Section 414(h) of
the Internal Revenue Code of 1986 or any successor Section thereof. An
employee may make additional contributions to the self-managed plan in
accordance with the terms of the plan.
The self-managed plan shall provide for employer contributions to be credited
to each self-managed plan participant at a rate of 10% of the participating
employee's salary, less the amount of the employer contribution used to provide
disability benefits for the employee. The amounts so credited shall be paid
into the participant's self-managed plan accounts in the manner prescribed by
the plan.
An amount of employer contribution, not exceeding 1.5% of the participating
employee's salary, shall be used for the purpose of providing disability
benefits to the participating employee. Prior to the beginning of each plan
year under the self-managed plan, the principal administrator shall determine,
as a percentage of salary, the amount of employer contributions to be allocated
during that plan year for providing disability benefits for employees in the
self-managed plan.
(h) Vesting; Withdrawal; Return to Service. A participant in the
self-managed plan becomes fully vested in the employer contributions credited
to his or her account in the self-managed plan on the earliest to occur of the
following:
(1) completion of 6 years of service with the | ||
| ||
(2) the death of the participating employee while | ||
| ||
A participant in the self-managed plan who receives a distribution of his or
her vested amounts from the self-managed plan upon or after termination of
employment shall forfeit all service credit and accrued rights in the fund of
his or her employer; if subsequently re-employed, the participant shall be
considered a new employee. If a former participant again becomes a
participating employee and continues as such for at least 2 years, all such
rights, service credit, and previous status as a participant shall be restored
upon repayment of the amount of the distribution without interest.
(i) Benefit amounts. If a participating employee who is fully vested in
employer contributions terminates employment, the participating employee shall
be entitled to a benefit which is based on the account values attributable to
both employer and employee contributions and any investment return thereon.
If a participating employee who is not fully vested in employer contributions
terminates employment, the employee shall be entitled to a benefit based on the
account values attributable to the employee's contributions and any investment
return thereon, plus the following percentage of employer contributions and any
investment return thereon: 20% after the second year; 40% after the third year;
60% after the fourth year; 80% after the fifth year; and 100% after the sixth
year. The remainder of employer contributions and investment return thereon
shall be forfeited. Any employer contributions
that are forfeited shall be held in escrow by the company investing those
contributions and shall be used as directed by the municipality for future
allocations of employer contributions or for the restoration of amounts
previously forfeited by former participants who again become participating
employees.
(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)
|
(40 ILCS 5/3-109.4) Sec. 3-109.4. Defined contribution plan for certain police officers. (a) Each municipality shall establish a defined contribution plan that aggregates police officer and employer contributions in individual accounts used for retirement. The defined contribution plan, including both police officer and employer contributions, established by the municipality must, at a minimum: meet the safe harbor provisions of the Internal Revenue Code of 1986, as amended; be a qualified plan under the Internal Revenue Code of 1986, as amended; and comply with all other applicable laws, rules, and regulations. Contributions shall vest immediately upon deposit in the police officer's account. A police officer who participates in the defined contribution plan under this Section may not earn creditable service or otherwise participate in the defined benefit plan offered by his or her employing municipality, except as an annuitant in another fund or as a survivor, while he or she is a participant in the defined contribution plan. The defined contribution plan under this Section shall not be construed to be a pension, annuity, or other defined benefit under this Code. (b) If a police officer who has more than 10 years of creditable service in a fund enters active service with a different municipality, he or she may elect to participate in the defined contribution plan under this Section in lieu of the defined benefit plan. A police officer who has elected under this subsection to participate in the defined contribution plan may, in writing, rescind that election in accordance with the rules of the board. Any employer contributions, and the earnings thereon, shall remain vested in the police officer's account. A police officer who rescinds the election may begin participating in the defined benefit plan on the first day of the month following the rescission. (c) As used in this Section, "defined benefit plan" means the retirement plan available to police officers under this Article who do not participate in the defined contribution plan under this Section.
(Source: P.A. 100-281, eff. 8-24-17.) |
(40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
Sec. 3-110. Creditable service.
(a) "Creditable service" is the time served by a police officer as a member
of a regularly constituted police force of a municipality. In computing
creditable service furloughs without pay exceeding 30 days shall not be
counted, but all leaves of absence for illness or accident, regardless of
length, and all periods of disability retirement for which a police officer has
received no disability pension payments under this Article shall be counted.
(a-5) Up to 3 years of time during which the police officer receives
a disability pension under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6
shall be counted as creditable service, provided that
(i) the police officer returns to active service after the disability for a
period at least equal to the period for which credit is to be established and
(ii) the police officer makes contributions to the fund based on the rates
specified in Section 3-125.1 and the salary upon which the disability pension
is based. These contributions may be paid at any time prior to the
commencement of a retirement pension. The police officer may, but need not,
elect to have the contributions deducted from the disability pension or to
pay them in installments on a schedule approved by the board. If not
deducted from the disability pension, the contributions shall include
interest at the rate of 6% per year, compounded annually, from the date
for which service credit is being established to the date of payment. If
contributions are paid under this subsection (a-5) in excess of those
needed to establish the credit, the excess shall be refunded. This
subsection (a-5) applies to persons receiving a disability pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on the effective date of this
amendatory Act of the 91st General Assembly, as well as persons who begin to
receive such a disability pension after that date.
(b) Creditable service includes all periods of service in the military,
naval or air forces of the United States entered upon while an active police
officer of a municipality, provided that upon applying for a permanent pension,
and in accordance with the rules of the board, the police officer pays into the
fund the amount the officer would have contributed if he or she had been a
regular contributor during such period, to the extent that the municipality
which the police officer served has not made such contributions in the
officer's behalf. The total amount of such creditable service shall not
exceed 5 years, except that any police officer who on July 1, 1973 had more
than 5 years of such creditable service shall receive the total amount thereof.
(b-5) Creditable service includes all periods of service in the military, naval, or air forces of the United States entered upon before beginning service as an active police officer of a municipality, provided that, in accordance with the rules of the board, the police officer pays into the fund the amount the police officer would have contributed if he or she had been a regular contributor during such period, plus an amount determined by the Board to be equal to the municipality's normal cost of the benefit, plus interest at the actuarially assumed rate calculated from the date the employee last became a police officer under this Article. The total amount of such creditable service shall not exceed 2 years. (c) Creditable service also includes service rendered by a police
officer while on leave of absence from a police department to serve as an
executive of an organization whose membership consists of members of a
police department, subject to the following conditions: (i) the police
officer is a participant of a fund established under this Article with at
least 10 years of service as a police officer; (ii) the police officer
received no credit for such service under any other retirement system,
pension fund, or annuity and benefit fund included in this Code; (iii)
pursuant to the rules of the board the police officer pays to the fund the
amount he or she would have contributed had the officer been an active
member of the police department; (iv) the organization pays a
contribution equal to the municipality's normal cost for that
period of service; and (v) for all leaves of absence under this subsection (c), including those beginning before the effective date of this amendatory Act of the 97th General Assembly, the police officer continues to remain in sworn status, subject to the professional standards of the public employer or those terms established in statute.
(d)(1) Creditable service also includes periods of | ||
| ||
(2) If the board of the pension fund to which | ||
| ||
(3) Except as provided in paragraph (4), the | ||
| ||
(4) If the police officer dies in service before | ||
| ||
(5) If the additional contribution that is required | ||
| ||
At the time of paying a refund under this item (5), | ||
| ||
Transferred credit that is not granted due to failure | ||
| ||
(6) The Public Pension Division of the Department of | ||
| ||
(e)(1) Creditable service also includes periods of | ||
| ||
(2) If the board of the pension fund to which | ||
| ||
(3) The Public Pension Division of the Department of | ||
| ||
(4) Until January 1, 2010, a police officer who | ||
| ||
(Source: P.A. 103-426, eff. 8-4-23.)
|
(40 ILCS 5/3-110.2) (from Ch. 108 1/2, par. 3-110.2)
Sec. 3-110.2.
Transfer of creditable service to General Assembly Retirement
System. (a) An active member of the General Assembly Retirement
System may apply to transfer his or her credits and
creditable service accumulated
in any police pension fund under this Article to the General Assembly Retirement
System. Such transfer shall be made forthwith. Payment by the police
pension fund to
the General Assembly Retirement System shall be made at the same time and
shall consist of:
(1) the amounts credited to the
applicant, through employee contributions on the date of transfer; and
(2) municipality contributions equal to the accumulated employee contributions
as determined under subparagraph (1) above. Participation in the
police pension fund shall terminate on the date of transfer.
(b) An active member of the General Assembly may reinstate service and
creditable service terminated upon receipt of a refund, by payment
to the fund of the amount of the refund together with interest thereon
at the rate of 6% per year to the date of payment.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-110.3) (from Ch. 108 1/2, par. 3-110.3)
Sec. 3-110.3.
Transfer to IMRF.
(a) Any person who has made an election under Section 3-109.1, and until
July 1, 1993, any active member of the Illinois Municipal Retirement Fund who
is a county clerk, may apply for transfer of his creditable service accumulated
in any police pension fund under this Article to the Illinois Municipal
Retirement Fund. The creditable service shall be transferred upon payment by
the police pension fund to the Illinois Municipal Retirement Fund of an amount
equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in this Fund shall terminate on the date of transfer.
(b) Any person who has made an election under Section 3-109.1, and
until July 1, 1993, any such county clerk, may reinstate service which was
terminated by receipt of a refund, by payment to the police pension fund of the
amount of the refund with interest thereon at the rate of 6% per year,
compounded annually, from the date of refund to the date of payment.
(Source: P.A. 86-273; 87-1265.)
|
(40 ILCS 5/3-110.4) (from Ch. 108 1/2, par. 3-110.4)
Sec. 3-110.4.
Transfer of creditable service to Article 8, 9 or 13 fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the people who is
a participant in a pension fund established under Article 9 of this Code,
any chief of the County Police Department or undersheriff of the County
Sheriff's Department who has elected under subparagraph (j) of Section 9-128.1
to be included within the provisions of Section 9-128.1 of Article 9 of this
Code, and any elected sanitary district commissioner who is a participant in
a pension fund established under Article 13 of this Code, may apply to
transfer his or her credits and creditable service accumulated in any
police pension fund established under this Article to such Article 8, 9
or 13 fund. Such transfer shall be made forthwith. Payment by the police
pension fund to the Article 8, 9 or 13 fund shall be made at the same
time and shall consist of:
(1) the amounts credited to the applicant through | ||
| ||
(2) municipality contributions equal to the | ||
| ||
Participation in the police pension fund shall terminate on the date of
transfer.
(b) Any such elected city officer, county officer, chief of the County
Police Department, undersheriff of the County Sheriff's Department, or
sanitary district commissioner may reinstate credits and creditable service
terminated upon receipt of a refund, by payment to the fund of the amount
of the refund together with interest thereon at the rate of 6% per year,
compounded annually from the date of refund to
the date of payment.
(Source: P.A. 89-643, eff. 8-9-96.)
|
(40 ILCS 5/3-110.5) (from Ch. 108 1/2, par. 3-110.5)
Sec. 3-110.5.
Transfer to Article 14 system.
(a) Until January 1, 1990, any active member of the State Employees'
Retirement System who is a State policeman and until July 1, 1998, any active
member of the State Employees' Retirement System who is a security employee of
the Department of Corrections may apply for transfer of his or her
creditable service accumulated in any police pension fund under this
Article to the State Employees' Retirement System. Such creditable service
shall be transferred only upon payment by such police pension fund to the State
Employees' Retirement System of an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in this Fund shall terminate on the date of transfer.
(b) Until January 1, 1990, any such State policeman and until July 1,
1998, any such security employee of the Department of Corrections may
reinstate service which was terminated by receipt of a refund, by payment to
the police pension fund of the amount of the refund with interest thereon at
the rate of 6% per year, compounded annually, from the date of refund to the
date of payment.
(Source: P.A. 90-32, eff. 6-27-97.)
|
(40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
Sec. 3-110.6. Transfer to Article 14 System.
(a) Any active member of the State Employees' Retirement System who is
a State policeman, an investigator for the Secretary of State, a conservation police officer, an investigator for the Office of the Attorney General, an investigator for the Department of Revenue, an investigator for the Office of the State's Attorneys Appellate
Prosecutor, or a controlled substance inspector may apply for transfer of
some or all of his or her creditable service accumulated
in any police pension fund under this Article to the State Employees'
Retirement System in accordance with Section 14-110. The creditable
service shall be transferred only upon payment by the police pension fund to
the State Employees' Retirement System of an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the police pension fund with respect to the service to be transferred shall terminate on the date
of transfer.
(b) Any person applying to transfer service under this Section may reinstate service that was
terminated by receipt of a refund, by paying to the police pension fund the
amount of the refund with interest thereon at the actuarially assumed rate of interest,
compounded annually, from the date of refund to the date of payment.
(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
|
(40 ILCS 5/3-110.7)
Sec. 3-110.7.
Transfer between Article 3 funds.
(a) An active member of a pension fund established
under this Article may apply for transfer to that fund of his or her creditable
service and related contributions accumulated in any other police pension fund
established under this Article, except that a police officer may not transfer
creditable service under this Section from a pension fund unless (i) the
police officer actively served in
the police department under that fund for at least 2 years, (ii) the police
officer actively served in the police department under that fund for less than
2 years but was laid off or otherwise involuntarily terminated for a reason
other than the fault of the officer, or (iii) the police officer was not in
service in the police department under that fund on or after the effective date
of this Section.
Upon receiving the application, that
other
pension fund shall transfer to the pension fund in which the applicant
currently participates an amount equal to:
(1) the amounts actually contributed by or on behalf | ||
| ||
(2) an amount representing employer contributions, | ||
| ||
Participation in that other pension fund shall terminate on the date of
transfer.
(b) An active member of a pension fund established
under this Article may reinstate service in any other pension fund established
under this Article that was terminated by receipt of a refund, by paying to
that other pension fund the amount of the refund plus interest thereon at the
rate of 6% per year, compounded annually, from the date of refund to the date
of payment.
(Source: P.A. 90-460, eff. 8-17-97.)
|
(40 ILCS 5/3-110.8)
Sec. 3-110.8. Transfer to IMRF. (a) Until 60 days after the effective date of this amendatory Act of the 97th General Assembly, any active member of the Illinois Municipal Retirement Fund may apply to transfer up to 10 years of creditable service in a police pension fund under this Article to the Illinois Municipal
Retirement Fund. The creditable service shall be transferred upon payment by
the police pension fund to the Illinois Municipal Retirement Fund of an amount
equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Creditable service transferred to the Illinois Municipal Retirement Fund under this Section shall terminate on the date of the transfer.
(b) Until 60 days after the effective date of this amendatory Act of the 97th General Assembly, any active member of the Illinois Municipal Retirement Fund may reinstate all or any portion of his or her service that was
terminated by receipt of a refund, by payment to the police pension fund of the
amount of the refund with interest thereon at the actuarially assumed rate,
compounded annually, from the date of refund to the date of payment.
(Source: P.A. 97-273, eff. 8-8-11.) |
(40 ILCS 5/3-110.9) Sec. 3-110.9. Transfer to Article 9.
(a) Until 6 months after the effective date of this amendatory Act of the 95th General Assembly, any active member of a pension fund established under Article 9 of this Code may apply for transfer of up to 6 years of his or her creditable service accumulated in any police pension fund under this Article to the Article 9 fund. Such creditable service shall be transferred only upon payment by such police pension fund to the Article 9 fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the police pension fund shall terminate on the date of transfer. (b) Until 6 months after the effective date of this amendatory Act of the 95th General Assembly, any active member of an Article 9 fund may reinstate service that was terminated by receipt of a refund, by payment to the police pension fund of the amount of the refund with interest thereon at the rate of 6% per year, compounded annually, from the date of refund to the date of payment.
(Source: P.A. 95-504, eff. 8-28-07; 95-876, eff. 8-21-08.) |
(40 ILCS 5/3-110.10) (Text of Section from P.A. 102-857)
Sec. 3-110.10. Transfer from Article 7. Until January 1, 2009, a person may transfer to a fund established under this Article up to 8 years of creditable service accumulated under Article 7 of this Code upon payment to the fund of an amount to be determined by
the board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the fund
under Section 7-139.11 and the amounts that would have been contributed had such
contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the
date of payment.
No later than 6 months after July 23, 2021 (the effective date of Public Act 102-113), a person may transfer to a fund established under this Article creditable service accumulated under Article 7 of this Code for service as a sheriff's law enforcement employee, person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district upon payment to the fund of an amount to be determined by the board, equal to (i) the difference between the amount of employee and employer contributions transferred to the fund under Section 7-139.14 and the amounts that would have been contributed had such contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the date of payment. No later than 6 months after the effective date of this amendatory Act of the 102nd General Assembly, a person may transfer to a fund established under this Article creditable service accumulated under Article 7 of this Code for service as a county correctional officer or as a person employed by a participating municipality to perform administrative duties related to law enforcement upon payment to the fund of an amount to be determined by the board, equal to (i) the difference between the amount of employee and employer contributions transferred to the fund under Section 7-139.14 and the amounts that would have been contributed had such contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the date of payment. (Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.) (Text of Section from P.A. 102-1061) Sec. 3-110.10. Transfer from Article 7. Until January 1, 2009, a person may transfer to a fund established under this Article up to 8 years of creditable service accumulated under Article 7 of this Code upon payment to the fund of an amount to be determined by
the board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the fund
under Section 7-139.11 and the amounts that would have been contributed had such
contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the
date of payment.
No later than September 30, 2023, a person may transfer to a fund established under this Article creditable service accumulated under Article 7 of this Code for service as a sheriff's law enforcement employee, person employed by a participating municipality to perform police duties, law enforcement officer employed on a full-time basis by a forest preserve district, or person employed by a participating municipality or instrumentality to perform administrative duties related to law enforcement upon payment to the fund of an amount to be determined by the board, equal to (i) the difference between the amount of employee and employer contributions transferred to the fund under Section 7-139.14 and the amounts that would have been contributed had such contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the date of payment. (Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.) |
(40 ILCS 5/3-110.11) Sec. 3-110.11. Transfer of creditable service from Article 5 fund. For a period of 60 days after the effective date of this Section, a person may transfer to a fund established under this Article up to 10 years of creditable service accumulated under Article 5 of this Code upon payment to the fund of an amount to be determined by the board, equal to (i) the difference between the amount of employee and employer contributions transferred to the fund under Section 5-237.5 and the amounts that would have been contributed had such contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the date of payment.
(Source: P.A. 97-326, eff. 8-12-11.) |
(40 ILCS 5/3-110.11a) Sec. 3-110.11a. Optional credit under Article 5. A police officer may establish optional credit for up to 5 years of service as a participant under Article 5, provided that the police officer (i) was certified under the law governing the certification of police officers at the time the service was rendered, (ii) applies in writing on or before December 31, 2023, (iii) supplies satisfactory evidence of the employment, (iv) completes 10 years of contributing service as a police officer as defined in Section 3-106, and (v) pays into the fund the amount the police officer would have contributed if he or she had been a regular contributor during such period, plus an amount determined by the Board to be equal to the municipality's normal cost of the benefit, plus interest at the actuarially assumed rate calculated from the date the employee last became a police officer under this Article. A police officer may not establish credit under this Section for any service for which the police officer is eligible to receive benefits under Article 5 of this Code.
(Source: P.A. 102-342, eff. 8-13-21.) |
(40 ILCS 5/3-110.12) Sec. 3-110.12. Transfer to Article 4 fund. (a) At any time during the 6 months following the effective date of this Section, an active member of an Article 4 firefighters' pension fund may apply for transfer to that fund of up to 6 years of his or her creditable service accumulated in the police pension fund under this Article that is administered by the same unit of local government if that active member was not subject to disciplinary action when he or she terminated employment with that police department. The creditable service shall be transferred upon payment by the police pension fund to the Article 4 fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the police pension fund with respect to the transferred creditable service shall terminate on the date of transfer. (a-5) At any time during the 6 months following the effective date of this amendatory Act of the 102nd General Assembly, an active member of an Article 4 firefighters' pension fund may apply for transfer to that fund of up to 8 years of his or her creditable service accumulated in a police pension fund under this Article that is administered by a unit of local government if that active member was not subject to disciplinary action when he or she terminated employment with that police department. The creditable service shall be transferred upon payment by the police pension fund to the Article 4 fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the police pension fund with respect to the transferred creditable service shall terminate on the date of transfer. (a-10) At any time during the 6 months following the effective date of this amendatory Act of the 104th General Assembly, an active member of an Article 4 firefighters' pension fund may apply for transfer to that fund of up to 8 years of his or her creditable service accumulated in a police pension fund under this Article that is administered by a unit of local government if that active member was not subject to disciplinary action when he or she terminated employment with that police department. The creditable service shall be transferred upon payment by the police pension fund to the Article 4 fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the police pension fund with respect to the transferred creditable service shall terminate on the date of transfer. (b) At the time of applying for transfer of creditable service under this Section, an active member of an Article 4 firefighters' pension fund may, for the purpose of that transfer, reinstate creditable service that was terminated by receipt of a refund, by payment to the police pension fund of the amount of the refund with interest thereon at the rate of 6% per year, compounded annually, from the date of the refund to the date of payment.(Source: P.A. 104-284, eff. 8-15-25.) |
(40 ILCS 5/3-110.13) Sec. 3-110.13. Transfer from Article 15. No later than June 30, 2023, a person may irrevocably apply under Section 15-134.4 to transfer to a fund established under this Article creditable service accumulated under Article 15 of this Code for service as a police officer upon payment to the fund of an amount, to be determined by the board, equal to (i) the difference between the amount of employee and employer contributions transferred to the fund under Section 15-134.4 and the amounts that would have been contributed had such contributions been made at the rates applicable to an employee under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the date of payment.
(Source: P.A. 102-1061, eff. 1-1-23.) |
(40 ILCS 5/3-110.14) Sec. 3-110.14. Transfer to Article 7. (a) On and after July 1, 2022 but no later than December 1, 2023, a participating employee who is actively employed as a sheriff's law enforcement employee under Article 7 may make a written election to transfer up to 10 years of creditable service from a fund established under this Article to the Illinois Municipal Retirement Fund established under Article 7. Upon receiving a written election by a participant under this Section, the creditable service shall be transferred to the Illinois Municipal Retirement Fund as soon as practicable upon payment by the police pension fund to the Illinois Municipal Retirement Fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
Participation in the police pension fund with respect to the service to be transferred shall terminate on the date of transfer. This Section does not allow reinstatement of credits in this Article that were previously forfeited. (b) On and after the effective date of this amendatory Act of the 104th General Assembly but no later than 6 months after the effective date of this amendatory Act of the 104th General Assembly, a participating employee who is actively employed as a sheriff's law enforcement employee under Article 7 may make a written election to transfer creditable service from a fund established under this Article to the Illinois Municipal Retirement Fund established under Article 7. Upon receiving a written election by a participant under this Section, the creditable service shall be transferred to the Illinois Municipal Retirement Fund as soon as practicable upon payment by the police pension fund to the Illinois Municipal Retirement Fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
Participation in the police pension fund with respect to the service to be transferred shall terminate on the date of transfer. This Section does not allow reinstatement of credits in this Article that were previously forfeited. (Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/3-110.15) Sec. 3-110.15. Transfer from Article 4 fund. Until 6 months after the effective date of this amendatory Act of the 104th General Assembly, a person may transfer to a fund established under this Article up to 8 years of creditable service accumulated in a firefighter pension fund under Article 4 that is administered by a unit of local government, if that active member was not subject to disciplinary action when he or she terminated employment with that employer, upon payment to the fund of an amount to be determined by the board, equal to (i) the difference between the amount of employee and employer contributions transferred to the fund under Section 4-108.9 and the amounts that would have been contributed had such contributions been made at the rates applicable to a police officer under this Article, plus (ii) interest thereon at the actuarially assumed rate, compounded annually, from the date of service to the date of payment.(Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
Sec. 3-111. Pension.
(a) A police officer age 50 or more with 20 or
more years of creditable service, who is not a participant in the
self-managed plan under Section 3-109.3 and who is no longer in service
as a police officer, shall receive a pension of 1/2 of the salary
attached to the rank held by the officer on the police force for one year
immediately prior to retirement or, beginning July 1, 1987 for persons
terminating service on or after that date, the salary attached to the rank
held on the last day of service or for one year prior to the last day,
whichever is greater. The pension shall be increased by 2.5%
of such salary for each additional year of service over 20 years of service
through 30 years of service, to a maximum of 75% of such
salary.
The changes made to this subsection (a) by this amendatory Act of the
91st General Assembly apply to all pensions that become payable under this
subsection on or after January 1, 1999. All pensions payable under this
subsection that began on or after January 1, 1999 and before the effective date
of this amendatory Act shall be recalculated, and the amount of the increase
accruing for that period shall be payable to the pensioner in a lump sum.
(a-5) No pension in effect on or granted after June 30, 1973 shall be
less than $200 per month. Beginning July 1, 1987, the minimum retirement
pension for a police officer having at least 20 years of creditable service
shall be $400 per month, without regard to whether or not retirement occurred
prior to that date.
If the minimum pension established in Section 3-113.1 is greater than the
minimum provided in this subsection, the Section 3-113.1 minimum controls.
(b) A police officer mandatorily retired from service
due to age by operation of law, having at least 8 but
less than 20 years of creditable service, shall receive a pension
equal to 2 1/2% of the salary attached to the rank he or she held on
the police force for one year immediately prior to retirement or,
beginning July 1, 1987 for persons terminating service on or after that
date, the salary attached to the rank held on the last day of service or
for one year prior to the last day, whichever is greater, for each
year of creditable service.
A police officer who retires or is separated from service having at least 8
years but less than 20 years of creditable service, who is not mandatorily
retired due to age by operation of law, and who does not apply for a refund of
contributions at his or her last separation from police service, shall receive
a pension upon attaining age 60 equal to 2.5% of the salary attached to the
rank held by the police officer on the police force for one year immediately
prior to retirement or, beginning July 1, 1987 for persons terminating service
on or after that date, the salary attached to the rank held on the last day of
service or for one year prior to the last day, whichever is greater, for each
year of creditable service.
(c) A police officer no longer in service who has at least one but less
than 8 years of creditable service in a police pension fund but meets the
requirements of this subsection (c) shall be eligible to receive a pension from
that fund equal to 2.5% of the salary attached to the rank held on the last day
of service under that fund or for one year prior to that last day, whichever is
greater, for each year of creditable service in that fund. The pension shall
begin no earlier than upon attainment of age 60 (or upon mandatory retirement
from the fund by operation of law due to age, if that occurs before age 60) and
in no event before the effective date of this amendatory Act of 1997.
In order to be eligible for a pension under this subsection (c), the police
officer must have at least 8 years of creditable service in a second police
pension fund under this Article and be receiving a pension under subsection (a)
or (b) of this Section from that second fund. The police officer need not be
in service on or after the effective date of this amendatory Act of 1997.
(d) Notwithstanding any other provision of this Article,
the provisions of this subsection (d) apply to a person who is not a participant in the self-managed plan under Section 3-109.3 and who first
becomes a police officer under this Article on or after January 1, 2011. A police officer age 55 or more who has 10 or more years of service in that capacity shall be entitled at his option to receive a monthly pension for his service as a police officer computed by multiplying 2.5% for each year of such service by his or her final average salary. The pension of a police officer who is retiring after attaining age 50 with 10 or more years of creditable service shall be reduced by one-half of 1% for each month that the police officer's age is under age 55. The maximum pension under this subsection (d) shall be 75%
of final average salary. For the purposes of this subsection (d), "final average salary" means the greater of: (i) the average monthly salary obtained by dividing the total salary of the police officer during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period; or (ii) the average monthly salary obtained by dividing the total salary of the police officer during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period. Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual salary
based on the plan year of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. Nothing in this amendatory Act of the 101st General Assembly shall cause or otherwise result in any retroactive adjustment of any employee contributions. (Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)
Sec. 3-111.1. Increase in pension.
(a) Except as provided in subsection (e), the monthly pension of a
police officer who retires after July 1, 1971, and prior to January 1, 1986,
shall be increased, upon either the first of the month following the first
anniversary of the date of retirement if the officer is 60 years of age or over
at retirement date, or upon the first day of the month following attainment of
age 60 if it occurs after the first anniversary of retirement, by 3% of the
originally granted pension and by an additional 3% of the originally granted
pension in January of each year thereafter.
(b) The monthly pension of a police officer who retired from service
with 20 or more years of service, on or before July 1, 1971, shall be
increased in January of the year following the year of attaining age 65 or
in January of 1972, if then over age 65, by 3% of the originally granted
pension for each year the police officer received pension payments. In each
January thereafter, he or she shall receive an additional increase of 3% of
the original pension.
(c) The monthly pension of a police officer who retires on disability or
is retired for disability shall be increased in January of the year
following the year of attaining age 60, by 3% of the original grant of
pension for each year he or she received pension payments. In each January
thereafter, the police officer shall receive an additional increase of 3%
of the original pension.
(d) The monthly pension of a police officer who retires after January
1, 1986, shall be increased, upon either the first of the month following
the first anniversary of the date of retirement if the officer is 55 years
of age or over, or upon the first day of the month
following attainment of age 55 if it occurs after the first anniversary of
retirement, by 1/12 of 3% of the originally granted pension for each full
month that has elapsed since the pension began, and by an
additional 3% of the originally granted pension in January of each year
thereafter.
The changes made to this subsection (d) by this amendatory Act of the 91st
General Assembly apply to all initial increases that become payable under this
subsection on or after January 1, 1999. All initial increases that became
payable under this subsection on or after January 1, 1999 and before the
effective date of this amendatory Act shall be recalculated and the additional
amount accruing for that period, if any, shall be payable to the pensioner in a
lump sum.
(e) Notwithstanding the provisions of subsection (a), upon the first
day of the month following (1) the first anniversary of the date of
retirement, or (2) the attainment of age 55, or (3) July 1, 1987, whichever
occurs latest, the monthly pension of a police officer who retired on or after
January 1, 1977 and on or before January 1, 1986, and did not receive an
increase under subsection (a) before July 1, 1987, shall be increased by 3% of
the originally granted monthly pension for each full year that has elapsed
since the pension began, and by an additional 3% of the originally granted
pension in each January thereafter. The increases provided under this
subsection are in lieu of the increases provided in subsection (a).
(f) Notwithstanding the other provisions of this Section, beginning
with increases granted on or after July 1, 1993, the second and all
subsequent automatic annual increases granted under subsection (a), (b),
(d), or (e) of this Section shall be calculated as 3% of the amount of
pension payable at the time of the increase, including any increases
previously granted under this Section, rather than 3% of the originally
granted pension amount. Section 1-103.1 does not apply to this subsection
(f).
(g) Notwithstanding any other provision of this Article, the monthly pension of a
person who first becomes a police officer under this Article on or after January 1, 2011 shall be increased on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the pension start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted pension. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the pension shall not be increased. For the purposes of this subsection (g), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds. (Source: P.A. 96-1495, eff. 1-1-11.)
|
(40 ILCS 5/3-111.5) Sec. 3-111.5. Membership date; previous IMRF service with the same municipality. A police officer who previously participated in the Illinois Municipal Retirement Fund (IMRF) for service as a member of the police department of a municipality and was transferred to that municipality's police pension fund upon its creation under this Article shall, for the purposes of determining the applicable tier of benefits under this Article, be deemed to have become a police officer and member of that municipality's police pension fund on the date that he or she first participated in IMRF as a member of the police department of that municipality, notwithstanding whether that start date was before January 1, 2011.
(Source: P.A. 101-627, eff. 1-24-20.) |
(40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
Sec. 3-112. Pension to survivors.
(a) Upon the death of a police officer entitled to a pension under Section
3-111, the surviving spouse shall be entitled to the pension to which the
police officer was then entitled. Upon the death of the surviving spouse,
or upon the remarriage of the surviving spouse if that remarriage
terminates the surviving spouse's eligibility under Section 3-121, the police
officer's unmarried children who are under age 18 or who are dependent because
of physical or mental disability shall be entitled to equal shares of such
pension. If there is no eligible surviving spouse and no eligible child, the
dependent parent or parents of the officer shall be entitled to receive or
share such pension until their death or marriage or remarriage after the death
of the police officer.
Notwithstanding any other provision of this Article, for a person who first becomes a police officer under this Article on or after January 1, 2011, the pension to which the surviving spouse, children, or parents are entitled under this subsection (a) shall be in an amount equal to the greater of (i) 54% of the police officer's monthly salary at the date of death, or (ii) 66 2/3% of the police officer's earned pension at the date of death, and, if there is a surviving spouse, 12% of such monthly salary shall be granted to the guardian of any minor child or children, including a child who has been conceived but not yet born, for each such child until attainment of age 18. Upon the death of the surviving spouse leaving one or more minor children, or upon the death of a police officer leaving one or more minor children but no surviving spouse, a monthly pension of 20% of the monthly salary shall be granted to the duly appointed guardian of each such child for the support and maintenance of each such child until the child reaches age 18. The total pension provided under this paragraph shall not exceed 75% of the monthly salary of the deceased police officer (1) when paid to the survivor of a police officer who has attained 20 or more years of service credit and who receives or is eligible to receive a retirement pension under this Article, (2) when paid to the survivor of a police officer who dies as a result of illness or accident, (3) when paid to the survivor of a police officer who dies from any cause while in receipt of a disability pension under this Article, or (4) when paid to the survivor of a deferred pensioner. Nothing in this subsection (a) shall act to diminish the survivor's
benefits described in subsection (e) of this Section. Notwithstanding Section 1-103.1, the changes made to this subsection apply without regard to whether the deceased police officer was in service on or after the effective date of this amendatory Act of the 101st General Assembly. Notwithstanding any other provision of this Article, the monthly pension
of a survivor of a person who first becomes a police officer under this Article on or after January 1, 2011 shall be increased on the January 1 after attainment of age 60 by the recipient of the survivor's pension and
each January 1 thereafter by 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted survivor's pension. If the annual unadjusted percentage change in
the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the survivor's pension shall not
be increased. For the purposes of this subsection (a), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds. (b) Upon the death of a police officer while in service, having at least
20 years of creditable service, or upon the death of a police officer who
retired from service with at least 20 years of creditable service, whether
death occurs before or after attainment of age 50, the pension earned by
the police officer as of the date of death as provided in Section 3-111
shall be paid to the survivors in the sequence provided in subsection (a)
of this Section.
(c) Upon the death of a police officer while in service, having at least
10 but less than 20 years of service, a pension of 1/2 of the salary attached
to the rank or ranks held by the officer for one year immediately
prior to death shall be payable to the survivors in the sequence provided
in subsection (a) of this Section. If death occurs as a result of the
performance of duty, the 10 year requirement shall not apply and the
pension to survivors shall be payable after any period of service.
(d) Beginning July 1, 1987, a minimum pension of $400 per month shall
be paid to all surviving spouses, without regard to the fact that the death
of the police officer occurred prior to that date.
If the minimum pension established in Section 3-113.1 is greater than the
minimum provided in this subsection, the Section 3-113.1 minimum controls.
(e) The pension of the surviving spouse of a police officer who dies (i)
on or after January 1, 2001, (ii) without having begun to receive either a
retirement pension payable under Section 3-111 or a disability pension payable
under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6, and (iii) as a result of
sickness, accident, or injury incurred in or resulting from the performance of
an act of duty shall not be less than 100% of the salary attached to the rank
held by the deceased police officer on the last day of service, notwithstanding
any provision in this Article to the contrary.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/3-113.1)
Sec. 3-113.1.
Minimum retirement, survivor, and disability pensions.
(a) Beginning January 1, 1999, the minimum retirement pension payable
to a police officer with 20 or more years of creditable service, the minimum
disability pension payable under Section 3-114.1, 3-114.2, 3-114.3, or
3-114.6,
and the minimum surviving spouse's pension shall be $600 per month, without
regard to whether the police officer was in service on or after the effective
date of this amendatory Act of the 91st General Assembly.
In the case of a pensioner whose pension began before the effective date
of this amendatory Act and is subject to increase under this subsection (a),
the pensioner shall be entitled to a lump sum payment of the amount of that
increase accruing from January 1, 1999 (or the date the pension began, if
later) to the effective date of this amendatory Act.
(b) Beginning January 1, 2000, the minimum retirement pension payable
to a police officer with 20 or more years of creditable service, the minimum
disability pension payable under Section 3-114.1, 3-114.2, 3-114.3, or
3-114.6,
and the minimum surviving spouse's pension shall be $800 per month, without
regard to whether the police officer was in service on or after the effective
date of this amendatory Act of the 91st General Assembly.
(c) Beginning January 1, 2001, the minimum retirement pension payable
to a police officer with 20 or more years of creditable service, the minimum
disability pension payable under Section 3-114.1, 3-114.2, 3-114.3, or
3-114.6,
and the minimum surviving spouse's pension shall be $1000 per month, without
regard to whether the police officer was in service on or after the effective
date of this amendatory Act of the 91st General Assembly.
(d) This Section does not grant a pension to any surviving spouse who
is not
otherwise eligible to receive a pension under this Article.
(e) No survivor benefits are payable to a participant in the self-managed
plan.
(Source: P.A. 91-466, eff. 8-6-99; 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-113.2) Sec. 3-113.2. Dependent beneficiaries; payment to trust. Any benefit to be received by or paid to a dependent beneficiary may be received by or paid to a trust established for such dependent beneficiary if the dependent beneficiary is living at the time such benefit would be received by or paid to such trust.
(Source: P.A. 96-484, eff. 8-14-09.) |
(40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1)
Sec. 3-114.1.
Disability pension - Line of duty.
(a) If a police officer as the result of sickness, accident or injury
incurred in or resulting from the performance of an act of duty, is found to be
physically or mentally disabled for service in the police department, so as to
render necessary his or her suspension or retirement from the police service,
the police officer shall be entitled to a disability retirement pension equal
to the greatest of (1) 65% of the salary attached to the rank on the
police force held by the officer at the date of suspension of duty or
retirement, (2) the retirement pension that the police officer would be
eligible to receive if he or she retired (but not including any automatic
annual increase in that retirement pension), or (3) the pension provided
under subsection (d), if applicable.
A police officer shall be considered "on duty" while on any assignment
approved by the chief of the police department of the municipality he or she
serves, whether the assignment is within or outside the municipality.
(b) If a police officer on disability pension dies while still disabled,
the disability pension shall continue to be paid to his or her survivors in the
sequence provided in Section 3-112.
(c) From and after July 1, 1987, any pension payable under this
Section shall be at least $400 per month, without regard to the fact that
the disability or death of the police officer occurred prior to that date.
If the minimum pension established in Section 3-113.1 is greater than the
minimum provided in this Section, the Section 3-113.1 minimum controls.
(d) A disabled police officer who (1) is receiving a pension under this
Section
on the effective date of this amendatory Act of the 91st General Assembly, (2)
files with the Fund, within 30 days after that effective date and annually
thereafter while the pension remains payable, a written application for the
benefits of this subsection, including an affidavit stating that the applicant
has not earned any income from gainful employment during the most recently
concluded tax year and a copy of his or her most recent Illinois income tax
return, (3) has service credit in the Fund for at least 7 years of active duty,
and (4) has been receiving the pension under this Section for a period which,
when added to the officer's total service credit in the Fund, equals at least
20 years, shall be eligible to receive an annual noncompounded increase in his
or her pension under this Section, equal to 3% of the original pension.
The Fund may take appropriate steps to verify the applicant's disability
and earnings status, and for this purpose may request from the Department of
Revenue a certified copy of the applicant's Illinois income tax return for any
year for which a benefit under this Section is payable or has been paid.
The annual increase shall accrue on each anniversary of the initial pension
payment date, for so long as the pension remains payable to the disabled police
officer and the required annual application is made, except that the annual
increases under this subsection shall cease if the disabled police officer
earns income from gainful employment. Within 60 days after accepting an
initial application under this subsection, the Fund shall pay to the disabled
police officer, in a lump sum without interest, the amounts resulting from the
annual increases that have accrued retroactively.
This subsection is not limited to persons in active service on or after its
effective date, but it applies only to a pension that is payable under this
Section to a disabled police officer (rather than a survivor). Upon the death
of the disabled police officer, the annuity payable under this Section to his
or her survivors shall include any annual increases previously received, but no
additional increases shall accrue under this subsection.
(Source: P.A. 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-114.2) (from Ch. 108 1/2, par. 3-114.2)
Sec. 3-114.2.
Disability pension - Not on duty.
A police officer who
becomes disabled as a result of any cause other than the performance of an act
of duty, and who is found to be physically or mentally disabled so as to render
necessary his or her suspension or retirement from police service in the police
department, shall be entitled to a disability pension of 50% of the salary
attached to the officer's rank on the police force at the date of suspension of
duty or retirement.
If a police officer on disability pension dies while still disabled, the
disability pension shall continue to be paid to the officer's survivors
in the sequence provided in Section 3-112.
From and after July 1, 1987, any pension payable under this Section shall
be at least $400 per month, without regard to the fact that the disability
or death of the police officer occurred prior to that date.
If the minimum pension established in Section 3-113.1 is greater than the
minimum provided in this Section, the Section 3-113.1 minimum controls.
(Source: P.A. 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3)
Sec. 3-114.3.
Heart attack or stroke suffered in performance of duties.
Any police officer who suffers a heart attack or stroke as a result of the
performance and discharge of police duty shall be considered as having been
injured in the performance of an act of duty and shall be eligible for the
benefits provided under this Article for police officers injured in the
performance of an act of duty or, if applicable, the benefits provided in
Section 3-114.6.
(Source: P.A. 90-766, eff. 8-14-98; 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-114.4) (from Ch. 108 1/2, par. 3-114.4)
Sec. 3-114.4.
Return to active duty after disability.
A police officer
who receives a disability pension under Section 3-114.1, 3-114.2, or 3-114.6
for more than 2 years and who returns to active
duty must remain in active police service for at least 5 years before becoming
eligible for a disability pension greater than the pension paid for the prior
disability.
(Source: P.A. 90-766, eff. 8-14-98.)
|
(40 ILCS 5/3-114.5) (from Ch. 108 1/2, par. 3-114.5) Sec. 3-114.5. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts. (a) Whenever a person is entitled to a disability or survivor's benefit under this Article and to benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act for the same injury or disease, the benefits payable under this Article shall be reduced by an amount computed in accordance with subsection (b) of this Section. There shall be no reduction, however, for any of the following: payments for medical, surgical and hospital services, non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this State and for artificial appliances; payments made for scheduled losses for the loss of or permanent and complete or permanent and partial loss of the use of any bodily member or the body taken as a whole under subdivision (d)2 or subsection (e) of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; payments made for statutorily prescribed losses under subdivision (d)2 of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; and that portion of the payments which is utilized to pay attorneys' fees and the costs of securing the workers' compensation benefits under either the Workers' Compensation Act or Workers' Occupational Diseases Act. (b) The reduction prescribed by this Section shall be computed as follows: (1) In the event that a person entitled to benefits | ||
| ||
(2) If the benefits deductible under this Section are | ||
| ||
(Source: P.A. 84-1472.) |
(40 ILCS 5/3-114.6)
Sec. 3-114.6.
Occupational disease disability pension.
(a) This Section applies only to police officers who are employed by a
municipality with a combined police and fire department and who have regular
firefighting duties in addition to their law enforcement duties.
(b) The General Assembly finds that service in a police department that also
has firefighting duties requires officers to perform unusual tasks in times of
stress and danger; that officers are subject to exposure to extreme heat or
extreme cold in certain seasons while performing their duties; that they are
required to work in the midst of and are subject to heavy smoke fumes and
carcinogenic, poisonous, toxic, or chemical gases from fires; and that these
conditions exist and arise out of or in the course of employment.
(c) An active officer with 5 or more years of creditable service who is
found to be unable to perform his or her duties in the department by reason
of heart disease, stroke, tuberculosis, or any disease of the lungs or
respiratory tract, resulting from service as an officer, is entitled to an
occupational disease disability pension during any period of such disability
for which he or she has no right to receive salary.
An active officer who has completed 5 or more years of service and is unable
to perform his or her duties in the department by reason of a disabling cancer,
which develops or manifests itself during a period while the officer is in the
service of the department, is entitled to receive an occupational disease
disability benefit during any period of such disability for which he or she
does not have a right to receive salary. In order to receive this occupational
disease disability benefit, (i) the cancer must be of a type that may
be caused by exposure to heat, radiation, or a known carcinogen as defined by
the International Agency for Research on Cancer and (ii) the cancer must (and
is rebuttably presumed to) arise as a result of service as an officer.
An officer who, after the effective date of this amendatory Act of 1998,
enters the service of a combined police and fire department and has regular
firefighting duties shall be examined by one or more practicing physicians
appointed by the board. If the examination discloses impairment of the heart,
lungs, or respiratory tract, or the existence of cancer, the officer shall not
be entitled to an occupational disease disability pension under this Section
unless and until a subsequent examination reveals no such impairment or cancer.
The occupational disease disability pension shall be equal to the greater
of 65% of the salary
attached to the rank held by the officer at the time of his or her removal
from the municipality's department payroll or (2) the retirement pension that
the police officer would be eligible to receive if he or she retired (but not
including any automatic annual increase in that retirement pension).
The occupational disease disability pension is payable to the officer
during the period of the disability. If the disability ceases before the
death of the officer, the disability pension payable under this Section
shall also cease and the officer thereafter shall receive such pension
benefits as are provided in accordance with other provisions of this Article.
If an officer dies while still disabled and receiving a disability pension
under this Section, the disability pension shall continue to be paid to
the officer's survivors in the sequence provided in Section 3-112.
(Source: P.A. 90-766, eff. 8-14-98; 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-115) (from Ch. 108 1/2, par. 3-115)
Sec. 3-115.
Certificate of disability.
A disability pension shall not be paid unless there is filed with
the board certificates of the police officer's
disability, subscribed and sworn
to by the police officer if not under legal disability, or by a
representative if the officer is under legal
disability, and by the police
surgeon (if there be one) and 3 practicing physicians selected by the
board. The board may require other evidence of
disability. Medical examination of
a police officer retired for disability shall be made
at least once each year
prior to attainment of age 50, as verification of the continuance
of disability
for service as a police officer. No examination shall
be required after age 50.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116)
Sec. 3-116. Examination and emergency service. A police officer whose duty is suspended because of disability may be
summoned to appear before the board, and to submit to an examination
to determine fitness for duty. The
officer shall abide by the board's decision. If a police officer retired
for disability, except one who voluntarily retires after 20 years' service,
is found upon medical examination to have recovered from
disability, the board shall certify to the chief of police that the member
is no longer disabled and is able to resume the duties of his or her
position. In case of emergency, a disabled police officer
may be assigned to and shall perform such
duty without right to compensation as the chief of police or chief officer
of the municipality may
direct. This Section does not apply to a police officer who has attained the age of 60.
(Source: P.A. 103-33, eff. 6-9-23.)
|
(40 ILCS 5/3-116.1) (from Ch. 108 1/2, par. 3-116.1)
Sec. 3-116.1.
Disability pension option.
A police officer age 50 or
older who is receiving a disability pension may by written application to
the board, elect the disability pension option if the period during which
a disability pension was paid when added to the period of active service
equals at least 20 years. The election shall permit the officer to continue
to receive a retirement pension for the remainder of his or her life of
1/2 of the salary at the date of the retirement on disability in lieu of
any amounts which would have been payable to the officer under Section 3-111.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-117) (from Ch. 108 1/2, par. 3-117)
Sec. 3-117.
Police officers over age 50.
This Article shall not be
construed to require the retirement at age 50 of any police officer capable
of performing his or her duties.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-117.1) (from Ch. 108 1/2, par. 3-117.1)
Sec. 3-117.1.
Waiver.
A retired police officer or surviving spouse may
execute a written waiver of the right to receive all or part of his or her
pension. A waiver shall take effect upon its being filed with the board and
may be revoked only within the first 30 days after it is filed with the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120)
Sec. 3-120. Marriage after retirement.
(a) If a police officer marries subsequent to retirement on any pension
under this Article other than a pension established under Section 3-109.3,
the surviving spouse and the children of such surviving
spouse shall receive no pension on the death of the officer, except as
provided in subsection (b) or (c).
(b) Notwithstanding Section 1-103.1 of this Code, this Section shall
not be deemed to disqualify from receiving a survivor's pension the
surviving spouse and children of any police officer who (i) retired from
service in 1973, married the surviving spouse during 1974, and died in
1988, or (ii) retired on disability in October of 1982, married the
surviving spouse during 1991, and died in 1992. In the case of a person
who becomes eligible for a benefit under this subsection (b), the benefit
shall begin to accrue on July 1, 1990 or July 1 of the year following the
police officer's death, whichever is later.
(c) This Section does not disqualify a surviving spouse from receiving a survivor's pension if (i) the police officer was married to the surviving spouse for at least 5 years prior to the police officer's death and (ii) the surviving spouse has attained age 62. For a person who becomes eligible for a benefit under this subsection (c), the benefit shall begin to accrue on the effective date of this amendatory Act of the 102nd General Assembly or the first day of the month following the police officer's death, whichever is later. Notwithstanding any other provision of this Code, the benefits for a surviving spouse who qualifies under this subsection shall terminate no later than 15 years after the benefits begin to accrue. For the purposes of Section 1-103.1 of this Code, this subsection is applicable without regard to whether the police officer was in active service on or after the effective date of this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-811, eff. 1-1-23.)
|
(40 ILCS 5/3-121) (from Ch. 108 1/2, par. 3-121)
Sec. 3-121.
Marriage and remarriage.
The pensions provided in Sections
3-112, 3-114.1, 3-114.2, and 3-114.6 shall not be paid to a child
or dependent parent after marriage or remarriage of the child or dependent
parent following the death of the police officer.
The pensions provided in Sections 3-112, 3-114.1 and 3-114.2 shall not be
paid to a surviving spouse after remarriage following the death of the police
officer, if the remarriage occurs (i) prior to January 1, 1974 or (ii)
after December 31, 1974 but before the effective date of this amendatory Act
of 1995. Remarriage on or after the effective date of this amendatory Act of
1995 does not affect the surviving spouse's eligibility for those pensions,
regardless of whether the deceased police officer was in service on or after
that effective date. A surviving spouse whose pension was terminated due to
remarriage during 1974, and who applies for reinstatement of that pension
before January 1, 1990, shall be entitled to have the pension reinstated
beginning on January 1, 1990.
(Source: P.A. 89-408, eff. 11-15-95; 90-766, eff. 8-14-98.)
|
(40 ILCS 5/3-122) (from Ch. 108 1/2, par. 3-122)
Sec. 3-122.
Pensions to survivors of male and female police
officers. All provisions of this Article relating to pensions
to a surviving spouse, children
or dependent parents of a police officer shall
apply with equal force to
the surviving spouse, minor children and dependent parents of male and
female police officers without any modification whatsoever.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-123) (from Ch. 108 1/2, par. 3-123)
Sec. 3-123.
Non-resident pensioner.
A pensioner under this Article
who resides
outside of Illinois shall from time to time furnish the board such proof
or affidavits as the board may require
concerning compliance with the provisions of this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-124) (from Ch. 108 1/2, par. 3-124)
Sec. 3-124.
Refund.
A police officer who is separated from police
service after June 30, 1953 with less than 20 years of service is entitled
to a refund upon request of all
contributions made by the officer to the police pension
fund.
Acceptance of a refund shall bar the police officer and
his or her dependents
from any further participation in the benefits of this Article subject
to restoration upon re-entry into service and repayment to the fund of
the refund together with interest at 2% per annum from the
date of refund until
the date of repayment.
If a police officer dies with less than 10 years of police service,
the officer's
contributions to the police pension fund shall, upon the
written request of his or her surviving spouse, be refunded
to the spouse without interest. If
upon the death of a police officer, there is no surviving spouse, the
excess of the officer's contributions to the fund over
any pension payments shall be refunded to his or her heirs or estate.
Acceptance of this refund shall bar the police officer's
dependents or estate
from any further participation in the benefits provided under
this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
Sec. 3-124.1. Re-entry into active service. (a) If a police officer who is
receiving
pension payments other than as provided in Section 3-109.3 re-enters active
service, pension payment shall be suspended
while he or she is in service. When he or she again retires, pension payments
shall be resumed. If the police officer remains in service after re-entry
for a period of less than 5 years, the pension shall be the same as upon
first retirement. If the officer's service after re-entry is at least 5
years and the officer makes the required contributions during the period
of re-entry, his or her pension shall be recomputed by taking into account
the additional period of service and salary. (b) If a police officer who first becomes a member on or after January 1, 2019 is receiving pension payments (other than as provided in Section 3-109.3) and re-enters active
service with any municipality that has established a pension fund under this Article, that police officer may continue to receive pension payments while he or she is in active service, but shall only participate in a defined contribution plan established by the municipality pursuant to Section 3-109.4 and may not establish creditable service in the pension fund established by that municipality or have his or her pension recomputed.
(Source: P.A. 100-281, eff. 8-24-17.)
|
(40 ILCS 5/3-124.2) (from Ch. 108 1/2, par. 3-124.2)
Sec. 3-124.2.
Deduction for group plans.
If a municipality sponsors
a group hospital and medical plan which includes retired police officers
and their spouses, upon written request of a retired police officer, deductions
shall be made from the pension payments of the officer in the amounts which
the officer is required to contribute toward the group plan in order to
obtain such coverage.
Whenever continued group insurance coverage is elected in accordance
with the provisions of Section 367g of the Illinois Insurance Code, as now
or hereafter amended, the total monthly premium for such continued group
insurance coverage or such portion thereof as is not paid
by the municipality
shall, upon request of the person electing such
continued group insurance coverage, be deducted from any monthly pension
benefit otherwise payable to such person pursuant to this Article, to be
remitted by the pension fund making such deduction to the insurance company
or other entity providing the group insurance coverage.
(Source: P.A. 84-1010.)
|
(40 ILCS 5/3-124.3) Sec. 3-124.3. Authority of the fund. Subject to Section 3-141.1, the fund shall retain the exclusive authority to adjudicate and award disability benefits pursuant to Sections 3-114.1, 3-114.2, and 3-114.3, retirement benefits pursuant to Section 3-111, and survivor benefits under Sections 3-112 and 3-113.1 and to issue refunds pursuant to Section 3-124. The exclusive method of judicial review of any final administrative decision of the fund shall be made in accordance with Section 3-148. The Police Officers' Pension Investment Fund established under Article 22B of this Code shall not have the authority to control, alter, or modify, or the ability to review or intervene in, the proceedings or decisions of the fund as otherwise provided in this Section.
(Source: P.A. 101-610, eff. 1-1-20.) |
(40 ILCS 5/3-125) (from Ch. 108 1/2, par. 3-125)
Sec. 3-125. Financing. (a) The city council or the board of trustees of
the municipality shall annually levy a tax upon all
the taxable property of the municipality at the rate on the dollar which
will produce an amount which, when added to the deductions from the salaries
or wages of police officers, and revenues
available from other
sources, will equal a sum sufficient to meet
the annual requirements of the police pension fund. The annual
requirements to be provided by such tax levy are equal
to (1) the normal cost of the pension fund for the year involved, plus
(2) an amount sufficient to bring the total assets of the pension fund up to 90% of the total actuarial liabilities of the pension fund by the end of municipal fiscal year 2040, as annually updated and determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the pension fund or the municipality. In making these determinations, the required minimum employer contribution shall be calculated each year as a level percentage of payroll over the years remaining up to and including fiscal year 2040 and shall be determined under the projected unit credit actuarial cost method. The tax shall be levied and
collected in the same manner as the general taxes
of the municipality, and in addition to all other taxes now or hereafter authorized to
be levied upon all property within the municipality, and shall be in
addition to the amount authorized to be levied for general purposes as
provided by Section 8-3-1 of the Illinois Municipal Code, approved May
29, 1961, as amended. The tax shall be forwarded directly to the treasurer of the board within 30 business days after receipt by the county.
(b) For purposes of determining the required employer contribution to a pension fund, the value of the pension fund's assets shall be equal to the actuarial value of the pension fund's assets, which shall be calculated as follows: (1) On March 30, 2011, the actuarial value of a | ||
| ||
(2) In determining the actuarial value of the | ||
| ||
(c) If a participating municipality fails to transmit to the fund contributions required of it under this Article for more than 90 days after the payment of those contributions is due, the fund may, after giving notice to the municipality, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in fiscal year 2016, deduct and remit to the fund the certified amounts or a portion of those amounts from the following proportions of payments of State funds to the municipality: (1) in fiscal year 2016, one-third of the total | ||
| ||
(2) in fiscal year 2017, two-thirds of the total | ||
| ||
(3) in fiscal year 2018 and each fiscal year | ||
| ||
The State Comptroller may not deduct from any payments of State funds to the municipality more than the amount of delinquent payments certified to the State Comptroller by the fund. (d) The police pension fund shall consist of the following moneys which
shall be set apart by the treasurer of the municipality:
(1) All moneys derived from the taxes levied | ||
| ||
(2) Contributions by police officers under Section | ||
| ||
(2.5) All moneys received from the Police Officers' | ||
| ||
(3) All moneys accumulated by the municipality under | ||
| ||
(4) Donations, gifts or other transfers authorized by | ||
| ||
(e) The Commission on Government Forecasting and
Accountability shall conduct a study of all funds established
under this Article and shall report its findings to the General
Assembly on or before January 1, 2013. To the fullest extent possible, the study shall include, but not be limited to, the following: (1) fund balances; (2) historical employer contribution rates for each | ||
| ||
(3) the actuarial formulas used as a basis for | ||
| ||
(4) available contribution funding sources; (5) the impact of any revenue limitations caused by | ||
| ||
(6) existing statutory funding compliance procedures | ||
| ||
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/3-125.1) (from Ch. 108 1/2, par. 3-125.1)
Sec. 3-125.1.
Contributions by police officers.
Each police officer
shall contribute to the pension fund the following percentages of salary
for the periods stated: Beginning July 1, 1909 and prior to July 23, 1943,
1% (except that prior to July 1, 1921 not more than one dollar per month
shall be deducted, and except that beginning July 1, 1921 and prior to July
1, 1927 not more than $2 per month shall be deducted); beginning July 23,
1943 and prior to July 20, 1949, 3%; beginning July 20, 1949 and prior to
July 17, 1959, 5%; beginning July 17, 1959 and prior to July 1, 1971, 7%;
beginning July 1, 1971 and prior to July 1, 1975, 7 1/2%; beginning
July 1, 1975 and prior to January 1, 1987, 8 1/2%; beginning
January 1, 1987 and prior to January 1, 2001, 9%; and beginning
January 1, 2001, 9.91%. Such sums shall be paid or deducted monthly.
Contribution to the self-managed plan shall be no less than 10% of
salary.
"Salary" means the annual salary, including longevity, attached to the
police officer's rank, as established by the municipality's appropriation
ordinance, including any compensation for overtime which is included in
the salary so established, but excluding any "overtime pay", "holiday
pay", "bonus pay", "merit pay", or any other cash benefit not included in
the salary so established.
(Source: P.A. 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-125.2) (from Ch. 108 1/2, par. 3-125.2)
Sec. 3-125.2.
Pick up of contributions.
A municipality may pick up
the police officers' contributions required by Section 3-125.1 for all salary
earned after December 31, 1981. If a municipality decides not to pick up
the contributions, the required contributions shall continue to be deducted
from salary. If contributions are picked up, they shall be treated as employer
contributions in determining tax treatment under the United States Internal
Revenue Code. However, the municipality shall continue to withhold Federal
and State income taxes based upon these contributions until the Internal
Revenue Service or the Federal courts rule that pursuant to Section 414(h)
of the United States Internal Revenue Code these contributions shall not
be included as gross income of the police officers until such time as they
are distributed or made available. The municipality shall pay these contributions
from the same source of funds which is used to pay the salaries of police
officers. The municipality may pick up these contributions by a reduction
in the cash salary of the police officer or by an offset against a future
salary increase or by a combination of a reduction in salary and offset
against a future salary increase. If contributions are picked up they shall
be considered for all purposes of this Article as police officers' contributions
made prior to the time that contributions were picked up.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-127) (from Ch. 108 1/2, par. 3-127)
Sec. 3-127.
Reserves.
The board shall establish and maintain a reserve
to insure the payment of all obligations incurred under this Article
excluding retirement annuities established under Section 3-109.3. The
reserve to be accumulated shall be equal to the estimated total actuarial
requirements of the fund.
If a pension fund has a reserve of less than the accrued liabilities of
the fund, the board of the pension fund, in making its annual report to the
city council or board of trustees of the municipality, shall designate the
amount, calculated as a level percentage of payroll, needed annually to
insure the accumulation of the reserve to the level of the fund's accrued
liabilities over a period of 40 years from July 1, 1993 for pension funds then
in operation, or from the date of establishment in the case of a fund created
thereafter, so that the necessary reserves will be attained over such a period.
(Source: P.A. 91-939, eff. 2-1-01.)
|
(40 ILCS 5/3-128) (from Ch. 108 1/2, par. 3-128)
Sec. 3-128.
Board created.
A board of 5 members shall constitute a board of trustees to administer the
pension fund and to designate the beneficiaries thereof. The board shall be
known as the "Board of Trustees of the Police Pension Fund"
of the municipality.
Two members of the board shall be appointed by the mayor or president of
the board of trustees of the municipality involved. The 3rd and 4th
members of the board shall be elected from the active participants of
the pension fund by such active
participants. The 5th member shall be elected by and from the
beneficiaries.
One of the members appointed
by the mayor or president of the board of trustees shall serve for
one year beginning on the 2nd Tuesday in May
after the municipality comes under this Article. The other
appointed member shall serve for 2 years beginning on the same date. Their
successors shall serve for 2
years each or until their successors are appointed and qualified.
The election for board members
shall be held biennially on the 3rd Monday in April, at such place or
places in the municipality and under the Australian ballot system and such
other regulations as shall be prescribed by the appointed members of the
board.
The active pension fund participants shall be entitled to vote only
for the active participant members of the board. All beneficiaries of
legal age may vote only for the member chosen from among the
beneficiaries. No person shall be entitled to cast more than one ballot at
such election. The term of elected members shall be 2 years,
beginning on the 2nd Tuesday of the first May after the election.
Upon the death, resignation or inability to act of any elected board
member, his or her successor shall be elected for the
unexpired term at a special election, to be called by the board and
conducted in the same manner as the regular biennial election.
Members of the board shall neither receive nor have any right to
receive any salary from the pension fund for services performed as trustees
in that office.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-129) (from Ch. 108 1/2, par. 3-129)
Sec. 3-129.
Rooms.
Suitable rooms for board offices and meetings shall be assigned
by the mayor or city council or board of trustees of the municipality.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-130) (from Ch. 108 1/2, par. 3-130)
Sec. 3-130.
Board meetings.
The board
shall hold annually regular quarterly meetings in
July, October, January and April, and special meetings as called
by the president.
At the regular July meeting, the board shall select from its members a
president, vice-president, secretary, and assistant secretary to serve for
one year and until their respective
successors are elected and
qualified.
The vice-president shall perform the duties of president
during any vacancy in that office, or during the president's absence
from the municipality, or if he or she is by
reason of illness or other causes unable to perform the
duties of the office.
The assistant secretary shall act for the secretary whenever necessary
to discharge the functions of such office.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-131) (from Ch. 108 1/2, par. 3-131)
Sec. 3-131.
Powers and duties of board.
The board shall have the powers and duties stated in Sections 3-132 through
3-140.1 in addition to the other powers and duties provided
under
this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-132) (from Ch. 108 1/2, par. 3-132)
Sec. 3-132. To control and manage the Pension Fund. In accordance with the
applicable provisions of Articles 1 and 1A and this Article, to control and
manage, exclusively, the following:
(1) the pension fund,
(2) until the board's investment authority is | ||
| ||
(3) all money donated, paid, assessed, or provided by | ||
| ||
All money received or collected shall be credited by the treasurer of the
municipality to the account of the pension fund and
held by the treasurer of the municipality subject to the order and
control of the board. The treasurer of the municipality shall maintain a
record of all money received, transferred, and held for the account of the
board.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/3-132.1) Sec. 3-132.1. To transfer investment authority to the Police Officers' Pension Investment Fund. As soon as practicable after the effective date of this amendatory Act of the 101st General Assembly, but no later than 30 months after the effective date of this amendatory Act of the 101st General Assembly, each transferor pension fund shall transfer, in accordance with the requirements of Section 22B-120, to the Police Officers' Pension Investment Fund created under Article 22B for management and investment all of their securities or for which commitments have been made, and all funds, assets, or moneys representing permanent or temporary investments, or cash reserves maintained for the purpose of obtaining income thereon. Upon the transfer of such securities, funds, assets, and moneys of a transferor pension fund to the Police Officers' Pension Investment Fund, the transferor pension fund shall not manage or control the same and shall no longer exercise any investment authority pursuant to Section 3-135 of this Code, notwithstanding any other provision of this Article to the contrary. Nothing in this Section prohibits a fund under this Article from maintaining an account, including an interest earning account, for the purposes of benefit payments and other reasonable expenses after the end of the transition period as defined in Section 22B-112, and funds under this Article are encouraged to consider a local bank or financial institution to provide such accounts and related financial services.
(Source: P.A. 101-610, eff. 1-1-20.) |
(40 ILCS 5/3-133) (from Ch. 108 1/2, par. 3-133)
Sec. 3-133.
To order payments and issue certificates.
To order the payment of pensions and other benefits and to issue certificates
signed by its president and
secretary to the beneficiaries stating
the amount and purpose of
the payment.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-134) (from Ch. 108 1/2, par. 3-134)
Sec. 3-134.
To submit annual list of fund payments.
To submit annually to the city council or board of trustees at the close
of the municipality's fiscal year, a list of persons entitled to payments
from the fund, stating the amount of payments, and their purpose, as
ordered by the board. It shall also include items of income accrued to the
fund during the fiscal year. The list shall be
signed by the secretary
and president of the board, and attested under oath. A resolution or order
for the payment of money shall not be valid unless approved by a majority of
the board members, and signed by the president and secretary of the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-135) (from Ch. 108 1/2, par. 3-135)
Sec. 3-135.
To invest funds.
Beginning January 1, 1998, the
board shall invest funds in accordance with Sections 1-113.1 through 1-113.10
of this Code.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/3-136) (from Ch. 108 1/2, par. 3-136)
Sec. 3-136.
To subpoena witnesses.
To compel witnesses to attend and testify before it upon all matters
connected with the administration of this Article, in the manner provided
by law for the taking of testimony in the circuit courts
of this State. The president, or any board member, may administer oaths to
witnesses.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-137) (from Ch. 108 1/2, par. 3-137)
Sec. 3-137.
To appoint clerk.
To appoint a clerk and define his duties. No person drawing a pension
under this Article shall be employed by the Board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/3-138) (from Ch. 108 1/2, par. 3-138)
Sec. 3-138.
To pay expenses.
To provide for the payment from the fund of all necessary expenses,
including clerk hire, printing and witness fees.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/3-139) (from Ch. 108 1/2, par. 3-139)
Sec. 3-139.
To keep records.
To keep a public record of all its proceedings.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/3-140) (from Ch. 108 1/2, par. 3-140)
Sec. 3-140.
To make rules.
To make necessary rules and regulations in conformity with the
provisions of this Article, and
to publish and transmit copies from time to time to
all pensioners and contributors.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-140.1) (from Ch. 108 1/2, par. 3-140.1)
Sec. 3-140.1.
To accept donations.
To accept by gift, grant, transfer,
or bequest, any money, real estate, or personal property. Such money and
the proceeds from the sale of or the income from such real estate or personal
property shall be paid into the pension fund.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-141) (from Ch. 108 1/2, par. 3-141)
Sec. 3-141.
Annual report by treasurer.
On the 2nd Tuesday in May annually, the treasurer and all other
officials of the municipality who had the custody of any pension funds
herein provided, shall make a sworn statement to the pension board,
and to the mayor and council or president
and board of trustees of the municipality, of all moneys received and paid out by
them on account of the pension fund during the year, and of the amount of
funds then on hand and owing to the pension fund. All surplus then
remaining with any official other than the treasurer shall be paid to the
treasurer of the municipality. Upon demand of the pension board, any
official shall furnish a statement relative to the official method of
collection or handling of the pension funds. All books and
records of that
official shall be produced at any time by him for examination and
inspection by the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-141.1) Sec. 3-141.1. Award of benefits. Prior to the board's determination of benefits, the board shall provide, in writing, the total amount of the annuity for a member and all information used in the calculation of that benefit to the Treasurer of the municipality. If the Treasurer is of the opinion that the calculated annuity is incorrect, the Treasurer shall immediately notify the board. The board shall review the Treasurer's findings, and if the Board concurs that an error exists it shall re-determine the annuity so that it is calculated in accordance with the Illinois Pension Code.
(Source: P.A. 95-950, eff. 8-29-08.) |
(40 ILCS 5/3-142) (from Ch. 108 1/2, par. 3-142)
Sec. 3-142. Payment of benefits - funds insufficient. Any police officer and any eligible surviving spouse, child or children,
or dependent parent
of the officer to whom the
board has ordered benefits to be paid, shall receive a yearly benefit
payable in 12 equal monthly installments, which shall be the aggregate
amount to which they are entitled.
If at any time there is not sufficient money
in the fund to pay the
benefits under this Article
the city council or board of
trustees of the municipality shall make every legal effort to
replenish the fund so that all beneficiaries may receive the amounts to
which they are entitled.
(Source: P.A. 96-1517, eff. 2-4-11.)
|
(40 ILCS 5/3-143) (from Ch. 108 1/2, par. 3-143)
Sec. 3-143. Report by pension board. (a) The pension board shall report annually to the city
council or board of trustees of the municipality on the condition of the
pension fund at the end of its most recently completed fiscal year. The
report shall be made prior to the council or board meeting held for the levying
of taxes for the year for which the report is made.
The pension board shall certify and provide the following information to the city council or board of trustees of the municipality:
(1) the total assets of the fund in its custody at | ||
| ||
(2) the estimated receipts during the next succeeding | ||
| ||
(3) the estimated amount required during the next | ||
| ||
(4) the total net income received from investment of | ||
| ||
(5) the total number of active employees who are | ||
| ||
(6) the total amount that was disbursed in benefits | ||
| ||
(7) the funded ratio of the fund; (8) the unfunded liability carried by the fund, along | ||
| ||
(9) the investment policy of the pension board under | ||
| ||
Before the pension board makes its report, the municipality shall have the assets
of the fund and their current market value verified by an independent certified
public accountant of its choice.
(b) The municipality is authorized to publish the report submitted under this Section. This publication may be made, without limitation, by publication in a local newspaper of general circulation in the municipality or by publication on the municipality's Internet website. If the municipality publishes the report, then that publication must include all of the information submitted by the pension board under subsection (a). (Source: P.A. 100-863, eff. 8-14-18.)
|
(40 ILCS 5/3-144) (from Ch. 108 1/2, par. 3-144)
Sec. 3-144.
Application to certain police officer's
annuity and benefit funds. As of July 20, 1949, the pension fund established
under this Article superseded and replaced any annuity and benefit fund
in operation under "An Act to
provide for the creation, setting apart, maintenance and administration of
a policemen's annuity and benefit fund in cities having a population of not
less than one hundred thousand and not more than two hundred thousand
inhabitants", approved June 12, 1931, as amended, which Act was repealed
in 1949. Any such superseded fund was merged into and became a part of the
pension fund established under this Article.
All annuities, pensions and other benefits granted under any such superseded
fund or any pre-existing police pension fund, and claims pending
under such funds which were approved by the board of the superseding funds
shall be paid by the board of trustees of the funds established under this
Article according to the law under which the annuities, pensions or other
benefits were granted.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-144.1) (from Ch. 108 1/2, par. 3-144.1)
Sec. 3-144.1.
All pensions, refunds or disability pension benefits granted
under this Article, and every portion thereof, shall be exempt from attachment
or garnishment process and shall not be seized, taken, subjected to, detained
or levied upon by virtue of any judgment, or any process or proceedings
whatsoever issued out of or by any court for the payment and satisfaction
in whole or in part of any debt, damage, claim, demand or judgment against
a pensioner, refund applicant or other beneficiary hereunder.
(Source: P.A. 84-546.)
|
(40 ILCS 5/3-144.2) (from Ch. 108 1/2, par. 3-144.2)
Sec. 3-144.2. Mistake in benefit. (a) If the Fund commits a mistake by setting any benefit at an incorrect amount, it shall adjust the benefit to the correct level as soon as may be practicable after the mistake is discovered. The term "mistake" includes a clerical or administrative error executed by the Fund or participant as it relates to a benefit under this Article; however, in no case shall "mistake" include any benefit as it relates to the reasonable calculation of the benefit or aspects of the benefit based on salary, service credit, calculation or determination of a disability, date of retirement, or other factors significant to the calculation of the benefit that were reasonably understood or agreed to by the Fund at the time of retirement. (b) If the benefit was mistakenly set too low, the Fund shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid, plus interest at the rate prescribed by the Public Pension Division of the Department of Insurance from the date the unpaid amounts accrued to the date of payment. (c) If the benefit was mistakenly set too high, the Fund may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient as is indicated by the recipient. If the overpayment is recovered by deductions from the remaining benefits payable to the recipient, the monthly deduction shall not exceed 10% of the corrected monthly benefit unless otherwise indicated by the recipient. However, if (i) the amount of the benefit was mistakenly set too high, and (ii) the error was undiscovered for 3 years or longer, and (iii) the error was not the result of fraud committed by the affected participant or beneficiary, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit need not repay to the Fund the excess amounts received in error.
(Source: P.A. 98-1117, eff. 8-26-14.)
|
(40 ILCS 5/3-144.5)
Sec. 3-144.5. Fraud. Any person, member, trustee, or employee of the board who knowingly
makes any false statement or falsifies or permits to be falsified any
record of a fund in any attempt to defraud such fund as a
result of such act, or intentionally or knowingly defrauds a fund in any manner, is guilty of a Class A misdemeanor.
(Source: P.A. 95-950, eff. 8-29-08.) |
(40 ILCS 5/3-144.6) Sec. 3-144.6. Dissolution and reestablishment of inactive police pension funds. The corporate authorities of a municipality for which a pension fund has been established under this Article may, by resolution or ordinance, dissolve the fund if an independent auditor has certified to the authorities that the fund has no liabilities, participants, or beneficiaries entitled to benefits, and the authorities shall reestablish the fund if a police officer of the municipality seeks to establish service credit in the fund or if reestablishment of the fund is required upon a former police officer's reinstatement of creditable service under subsection (b) of Section 3-110.7 of this Code. The Public Pension Division of the Department of Insurance shall adopt rules regarding the process and procedures for (i) dissolving a pension fund under this Section and (ii) redistributing assets and reestablishing the fund if reestablishment of the fund is necessary.
(Source: P.A. 97-99, eff. 1-1-12.) |
(40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
Sec. 3-145. Referendum in municipalities less than 5,000. (a) This Article
shall not be effective in any
municipality having a population of less than 5,000 unless the
proposition to adopt the Article is submitted
to and approved
by the voters of the municipality in the manner herein provided.
Whenever the electors of the municipality, equal in number to 5% of
the number of legal votes cast at the last preceding general municipal
election, petition the city, village or town clerk to submit the proposition
whether
that municipality shall adopt this Article, the officer to whom the
petition is addressed shall certify the proposition to the proper election
officials who shall submit the proposition in accordance
with the general election law at a regular election in the municipality
provided that notice of the referendum, if held
before July 1, 1999,
has been given in accordance with the provisions of Section
12-5
of the Election Code in effect at the time of the bond referendum, at least
10 and not more than 45 days before the date of
the election, notwithstanding the time for publication otherwise imposed by
Section 12-5.
Notices required in connection with the submission of public questions
on or after July 1, 1999 shall be as set forth in Section 12-5 of the Election
Code.
If the proposition is not adopted at
that election, it may be submitted in like manner at any regular election
thereafter. The
proposition shall be substantially in the following form:
Shall the city (or village orincorporated town) of.... adopt YESArticle 3 of the "Illinois Pension Code", pertaining to the creation NOof a police pension fund?
If a majority of the votes cast on the proposition
is for the proposition, this Article is adopted in that municipality.
(b) For a period of 60 days after the effective date of this amendatory Act of the 96th General Assembly, if a municipality having a population of less than 5,000 has adopted this Article in accordance with the provisions of subsection (a), the municipality may elect to terminate participation under this Article if all of the following conditions are met: (1) An independent auditor certifies that the fund | ||
| ||
(2) The corporate authorities of the municipality, by | ||
| ||
If the conditions of this subsection (b) are met and the closed fund contains assets, those assets shall be transferred to the municipality for its general corporate purposes.
If a municipality that terminates participation under this Article in accordance with this subsection (b) wants to reinstate the fund, then the proposition to re-adopt the Article must be submitted to and approved
by the voters of the municipality in the manner provided in subsection (a).
(Source: P.A. 96-216, eff. 8-10-09.)
|
(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
Sec. 3-147. Felony conviction. None of the benefits provided in
this Article shall be paid to any person who is convicted of any felony
relating to or arising out of or in
connection with his or her service as a police officer. None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the police officer from whom the benefit results.
This Section shall not impair any contract or vested right acquired prior
to July 11, 1955 under any law
continued in this Article, nor
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All persons entering service subsequent to July
11, 1955 are deemed to have consented to the provisions of this Section as a
condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/3-148) (from Ch. 108 1/2, par. 3-148)
Sec. 3-148. Administrative review. Except as it relates to any time limitation to correct a mistake as provided in Section 3-144.2, the provisions of the Administrative Review Law,
and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 98-1117, eff. 8-26-14.)
|
(40 ILCS 5/3-149) (from Ch. 108 1/2, par. 3-149)
Sec. 3-149.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/3-150) (from Ch. 108 1/2, par. 3-150)
Sec. 3-150.
Applicability of home rule powers.
A home rule
unit, as defined in Article VII of the 1970 Illinois Constitution or any
amendment thereto, shall have no power to change, alter,
or amend in any way the provisions of this
Article. A home rule unit which is a municipality, as defined
in Section 3-103, shall not provide for, singly or as a part of any
plan or program, by any means whatsoever, any type of retirement
or annuity benefit to a police officer other than through
establishment
of a fund as provided in this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/3-152) (from Ch. 108 1/2, par. 3-152)
Sec. 3-152.
Savings clause.
The repeal or amendment of any Section
or provision of this Article by this amendatory Act of 1984 shall not affect
or impair any pensions, benefits, rights or credits accrued or in effect
prior thereto.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/Art. 4 heading) ARTICLE 4.
FIREFIGHTERS' PENSION FUND
MUNICIPALITIES 500,000 AND UNDER
|
(40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)
Sec. 4-101. Creation of fund. In each municipality as defined in Section 4-103, the city council or
the board of trustees, as the case may be, shall establish and administer
a firefighters' pension fund as
prescribed in this Article, for the
benefit of its firefighters
and of their surviving spouses,
children and certain other dependents. The duty of the corporate authorities of a municipality to establish and administer a firefighters' pension fund shall be suspended during any period during which the fund is dissolved under subsection (c) of Section 4-106.1 of this Code.
(Source: P.A. 97-99, eff. 1-1-12.)
|
(40 ILCS 5/4-102) (from Ch. 108 1/2, par. 4-102)
Sec. 4-102.
Terms defined.
The terms used in this Article
have the meanings ascribed to them in Sections 4-103 through
4-106, except when the context otherwise requires.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
Sec. 4-103.
Municipality.
"Municipality": (1) Any city, township, village or incorporated town
of 5,000 or more but less than 500,000
inhabitants, and any fire protection district having any full-time
paid firefighters, and (2) any city, village,
incorporated town or township of less than 5,000 inhabitants having a full-time
paid fire department which adopts the provisions of this article
pursuant to the provisions of Section 4-141. The term "city council" or
"board of trustees" includes
the board of trustees of a fire protection district and the board of town
trustees or other persons empowered to
draft the tentative budget and appropriation ordinance and the electors of
such a township acting at the annual or special meeting of town
electors.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-104) (from Ch. 108 1/2, par. 4-104)
Sec. 4-104.
Firemen's pension fund act of 1919.
"Firemen's pension fund act of 1919": "An Act to create a firemen's
pension fund in cities, incorporated towns, villages, townships and fire
protection districts having a population of not less than 5,000 nor more
than 200,000 inhabitants", filed July 11, 1919, as amended. That Act was
repealed in 1963.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-105) (from Ch. 108 1/2, par. 4-105)
Sec. 4-105.
Board.
"Board": The "Board of Trustees of the Firefighters' Pension
Fund" of a
municipality as established in Section 4-121.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-105a) (from Ch. 108 1/2, par. 4-105a)
Sec. 4-105a.
Deferred Pensioner.
"Deferred pensioner": a firefighter
who has retired having accumulated enough creditable service
to qualify for a pension under this Article but who has not attained
the required age for commencement of the pension.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-105b) (from Ch. 108 1/2, par. 4-105b)
Sec. 4-105b.
Permanent Disability.
"Permanent disability": any physical
or mental disability that (1) can be expected
to result in death, (2) has lasted for a continuous period of
not less than 12 months, or (3) can be expected to last for
a continuous period of not less than 12 months.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-105c)
Sec. 4-105c.
Participant.
"Participant": A firefighter or deferred
pensioner of a pension fund, or a beneficiary of the pension fund.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/4-105d)
Sec. 4-105d.
Beneficiary.
"Beneficiary": A person receiving benefits from
a pension fund, including, but not limited to, retired pensioners, disabled
pensioners, their surviving spouses, minor children, disabled children, and
dependent parents.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106)
Sec. 4-106.
Firefighter, firefighters.
"Firefighter, firefighters":
(a) In municipalities which have adopted Division 1 of Article 10 of the
Illinois Municipal Code, any person employed in the municipality's fire service
as a firefighter, fire engineer, marine engineer, fire pilot, bomb technician
or scuba diver; and in any of these positions where such person's duties also
include those of a firefighter as classified by the Civil Service Commission of
that city, and whose duty is to participate in the work of controlling and
extinguishing fires at the location of any such fires.
(b) In municipalities which are subject to Division 2.1 of Article 10 of the
Illinois Municipal Code, any person employed by a city in its fire service as a
firefighter, fire engineer, marine engineer, fire pilot, bomb technician, or
scuba diver; and, in any of these positions whose duties also include those of
a firefighter and are certified in the same manner as a firefighter in that
city.
(c) In municipalities which are subject to neither Division 1 nor Division
2.1 of Article 10 of the Illinois Municipal Code, any person who would have
been included as a firefighter under sub-paragraph (a) or (b) above except that
he served as a de facto and not as a de jure firefighter.
(d) Notwithstanding the other provisions of this Section, "firefighter"
does not include any person who is actively participating in the State
Universities Retirement System under subsection (h) of Section 15-107 with
respect to the employment for which he or she is a participating employee in
that System.
(e) This amendatory Act of 1977 does not affect persons covered
by this Article prior to September 22, 1977.
(Source: P.A. 90-576, eff. 3-31-98.)
|
(40 ILCS 5/4-106a) (from Ch. 108 1/2, par. 4-106a)
Sec. 4-106a.
Gender.
The masculine gender wherever used in this Article
includes the female gender unless manifestly inconsistent with the context.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
Sec. 4-106.1. Discontinuation of fire protection district; annexation
to fire protection district; dissolution and reestablishment of inactive firefighters' pension funds. (a) Whenever a fire protection district which has established
a pension fund under this Article is discontinued under the Fire Protection District Act, and the municipality assuming
the obligations of the district is required to and has established
a Firefighters' Pension Fund under this Article, the assets of the fund
established by the district shall be transferred to the Board of Trustees
of the Firefighters' Pension Fund of the municipality. The Firefighters'
Pension Fund of the municipality shall assume all accrued liabilities of
the district's pension fund, and all accrued rights, benefits and future
expectancies of the members, retired employees and beneficiaries of the
district's fund shall remain unimpaired.
(b) If a municipal fire department for which a pension fund has been
established under this Article is discontinued and the affected territory
is annexed by a fire protection district, and the fire protection district
is required to and has established a firefighters' pension fund under this
Article, then the assets of the firefighters' pension fund established by the
municipality shall be transferred to the board of trustees of the pension fund
of the fire protection district. The firefighters' pension fund of the fire
protection district shall assume all liabilities of the municipality's
firefighters' pension fund, and all of the accrued rights, benefits, and
future expectancies of the members, retired employees, and beneficiaries of
the municipality's firefighters' pension fund shall remain unimpaired.
(c) The corporate authorities of a municipality for which a pension fund has been established under this Article may, by resolution or ordinance, dissolve the fund if an independent auditor has certified to the authorities that the fund has no liabilities, participants, or beneficiaries entitled to benefits, and the authorities shall reestablish the fund if a firefighter of the municipality seeks to establish service credit in the fund or if reestablishment of the fund is required upon a former firefighter's reinstatement of creditable service under subsection (g) of Section 4-109.3 of this Code. The Public Pension Division of the Department of Insurance shall adopt rules regarding the process and procedures for (i) dissolving a pension fund under this Section and (ii) redistributing assets and reestablishing the fund if reestablishment of the fund is necessary.(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/4-107) (from Ch. 108 1/2, par. 4-107)
Sec. 4-107.
Qualifications.
(a) A firefighter who has not contributed to the fund during the entire
period of service, to be entitled to the benefits of this Article, must
contribute to the fund the amount he or she would have paid had deductions
been made from his or her salary during the entire period of his or her
creditable service.
(b) Any person appointed as a firefighter in a municipality shall, within
3 months after receiving his or her first appointment and within 3 months
after any reappointment make written application to the board to come under
the provisions of this Article.
(c) A person otherwise qualified to participate who was excluded from
participation by reason of the age or fitness requirements removed by this
amendatory Act of 1995 may elect to participate by making a written application
to the Board before July 1, 1996. Persons so electing shall begin
participation on the first day of the month following the month in which the
application is received by the Board. These persons may also elect to
establish creditable service for periods of employment as a firefighter during
which they did not participate by paying into the pension fund, before January
1, 1997, the amount that the person would have contributed had deductions from
salary been made for this purpose at the time the service was rendered,
together with interest thereon at 6% per annum, compounded annually, from the
time the service was rendered until the date of payment.
(d) A person described in subsection (h) of Section 15-107 shall not
participate in any pension fund established under this Article with respect
to employment for which he or she is a participating employee in the State
Universities Retirement System.
(Source: P.A. 89-52, eff. 6-30-95; 90-576, eff. 3-31-98.)
|
(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108) Sec. 4-108. Creditable service. (a) Creditable service is the time served as a firefighter of a municipality. In computing creditable service, furloughs and leaves of absence without pay exceeding 30 days in any one year shall not be counted, but leaves of absence for illness or accident regardless of length, and periods of disability for which a firefighter received no disability pension payments under this Article, shall be counted. (b) Furloughs and leaves of absence of 30 days or less in any one year may be counted as creditable service, if the firefighter makes the contribution to the fund that would have been required had he or she not been on furlough or leave of absence. To qualify for this creditable service, the firefighter must pay the required contributions to the fund not more than 90 days subsequent to the termination of the furlough or leave of absence, to the extent that the municipality has not made such contribution on his or her behalf. (c) Creditable service includes: (1) Service in the military, naval or air forces of | ||
| ||
(1.5) Up to 24 months of service in the military, | ||
| ||
(2) Service prior to July 1, 1976 by a firefighter | ||
| ||
(3) Up to 8 years of service by a firefighter as an | ||
| ||
(4) Time spent as an on-call fireman for a | ||
| ||
Except as provided in Section 4-108.5, creditable | ||
| ||
(5) Time served between July 1, 1976 and July 1, 1988 | ||
| ||
(6) Service before becoming a participant by a | ||
| ||
(7) Up to 3 years of time during which the | ||
| ||
(8) Up to 6 years of service as a police officer and | ||
| ||
(9) Up to 8 years of service as a police officer and | ||
| ||
(10) Up to 8 years of service as a police officer and | ||
| ||
(Source: P.A. 103-426, eff. 8-4-23; 104-284, eff. 8-15-25.) |
(40 ILCS 5/4-108.1) (from Ch. 108 1/2, par. 4-108.1)
Sec. 4-108.1.
Transfer of creditable service to General Assembly Retirement
System. (a) Any active member of the General Assembly Retirement System
may apply for transfer of credits and creditable service accumulated
in any firefighter's pension fund under this Article to
the General Assembly Retirement System. Such transfer shall be made
forthwith. Payment
by the firefighters' pension fund to the General Assembly
Retirement System shall be made at the same time and shall consist of:
(1) the amounts credited to the
applicant through employee contributions; and
(2) municipality contributions equal to the accumulated employee contributions
as determined under (1) above. Participation in the firefighters'
pension fund shall terminate on the date of transfer.
(b) An active member of the General Assembly may reinstate service and
creditable service terminated upon receipt of a refund, by payment
to the firefighters' pension fund of the amount of the
refund with interest thereon at the rate
of 6% per year to the date of payment.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-108.2) (from Ch. 108 1/2, par. 4-108.2)
Sec. 4-108.2.
Transfer of creditable service to Article 8, 9 or 13
fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the
people who is a participant in a pension fund established under Article 9
of this Code, and any elected sanitary district commissioner who is a
participant in a pension fund established under Article 13 of this Code,
may apply for transfer of his credits and creditable service accumulated in
any firefighters' pension fund established under this Article to such
Article 8, 9 or 13 fund. Such transfer shall be made forthwith.
Payment by the firefighters' pension fund to the Article 8, 9 or 13
fund shall be made at the same time and shall consist of:
(1) the amounts credited to the applicant through | ||
| ||
(2) municipality contributions equal to the | ||
| ||
Participation in the firefighters' pension fund shall terminate on the
date of transfer.
(b) Any such elected city officer, county officer or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a refund, by payment to the firefighters'
pension fund of the amount of the refund with interest thereon at the rate
of 6% per year, compounded annually from the date of refund to the date of payment.
(Source: P.A. 85-964; 86-1488.)
|
(40 ILCS 5/4-108.3) (from Ch. 108 1/2, par. 4-108.3)
Sec. 4-108.3.
(a) Until July 1, 1989, any active member of the
Illinois Municipal Retirement Fund who is a county sheriff may apply for
transfer of up to 80 months of creditable service accumulated in any
pension fund established under this Article to the Illinois Municipal
Retirement Fund. Such creditable service shall be transferred only upon
payment by such pension fund to the Illinois Municipal Retirement Fund of
an amount equal to:
(1) the amounts accumulated to the credit of the applicant on the books
of the fund on the date of transfer; and
(2) employer contributions in an amount equal to the amount determined
under subparagraph (1); and
(3) any interest paid by the applicant in order to reinstate service.
Participation in such pension fund as to any credits transferred under
this Section shall terminate on the date of transfer.
(b) Until July 1, 1989, any such sheriff may reinstate creditable
service terminated upon receipt of a refund, by payment to the
firefighters' pension fund of the amount of the refund, with interest
thereon at the rate of 6% per year, compounded annually from the date of
refund to the date of payment.
(Source: P.A. 85-941.)
|
(40 ILCS 5/4-108.4)
Sec. 4-108.4. Transfer of creditable service from Article 7 fund.
(a) Any firefighter who was excluded
from participation in an Article
4 fund because the firefighter earned credit for that service under Article 7 of this Code and who is a participant in the Illinois
Municipal Retirement
Fund may become an active participant in that firefighter pension fund by
making a
written application to the Board. Persons so applying
shall begin
participation on the first day of the month following the month in which the
application is
received by the Board. An employee who makes application for
participation
shall not be deemed ineligible to participate in the firefighter pension fund
by reason of
having failed to apply within the 3-month period specified in subsection (b) of
Section 4-107.
(b) A firefighter who was excluded
from participation in an Article
4 fund because the firefighter earned credit for that service under Article 7 of this Code and who is a participant in the Illinois Municipal Retirement
Fund may also elect to establish creditable service for
those periods of employment as a firefighter during which he or she was excluded from
participation in an
Article 4 fund by paying into the fund the amount that
the person
would have contributed had deductions from salary been made for this purpose at
the time the service was rendered, together with interest thereon at 6% per
annum, compounded annually, from the time the service was rendered until the
date of payment, less any amounts transferred from the Illinois Municipal
Retirement Fund under Section 7-139.10.
(c) In no event shall pension credit for the same service rendered by an
employee be accredited in more than one pension fund or retirement system under this Code. If an employee applies for service credit under subsection (b), then any creditable
service time accumulated in the Illinois Municipal Retirement Fund for the same
period must be transferred to the Article 4 fund under Section 7-139.10.
(Source: P.A. 93-689, eff. 7-1-04.) |
(40 ILCS 5/4-108.5) Sec. 4-108.5. Service for providing certain fire protection services.
(a) A firefighter for a participating municipality who was employed as an active firefighter providing fire protection for a village or incorporated town with a population of greater than 10,000 but less than 11,000 located in a county with a population of greater than 600,000 and less than 700,000, as estimated by the United States Census on July 1, 2004, may elect to establish creditable service for periods of that employment in which the firefighter provided fire protection services for the participating municipality if, by May 1, 2007, the firefighter (i) makes written application to the Board and (ii) pays into the pension fund the amount that the person would have contributed had deductions from salary been made for this purpose at the time the service was rendered, plus interest thereon at 6% per annum compounded annually from the time the service was rendered until the date of payment. (b) Time spent providing fire protection on a part-time basis for a village or incorporated town with a population of greater than 10,000 but less than 11,000 located in a county with a population of greater than 600,000 and less than 700,000, as estimated by the United States Census on July 1, 2004, shall be calculated at the rate of one year of creditable service for each 5 years of time spent providing such fire protection, if the firefighter (i) has at least 5 years of creditable service as an active firefighter, (ii) has at least 5 years of such service with a qualifying village or incorporated town, (iii) applies for the creditable service within 30 days after the effective date of this amendatory Act of the 94th General Assembly, and (iv) contributes to the Fund an amount representing employee contributions for the number of years of creditable service granted under this subsection (b) based on the salary and contribution rate in effect for the firefighter at the date of entry into the fund, as determined by the Board. The amount of creditable service granted under this subsection (b) may not exceed 3 years.
(c) This subsection applies only to a person who was first employed by a municipality in 2008 to provide fire protection services on a full-time basis as a firefighter or fire chief, but was prevented from
participating in a pension fund under this Article until 2015 by reason of the employing municipality's delay in establishing a pension fund as required under this Article. Such a person may elect to
establish creditable service for periods of such employment by that municipality during
which he or she did not participate, by applying to the board in writing and paying to the pension fund the employee contributions that he or she would have made had deductions from
salary been made for employee contributions at the time the service was rendered,
together with interest thereon at the rate of 6% per annum, compounded annually, from the
time the service was rendered to the date of payment; except that the granting of such creditable service is contingent upon the consent of the governing body of the municipality and payment to the pension fund by the municipality of the corresponding employer contributions, plus interest. For the purposes of Sections 4-109, 4-109.1, and 4-114, and notwithstanding any other provision of this Article, for a person who establishes creditable service under this subsection (c), the date upon which the person first became a participating firefighter under this Article shall be deemed to be no later than the first day of employment for which such creditable service has been granted. (Source: P.A. 100-539, eff. 11-7-17.) |
(40 ILCS 5/4-108.6) Sec. 4-108.6. Transfer of creditable service to the Firemen's Annuity and Benefit Fund of Chicago. (a) Until 6 months after the effective date of this amendatory Act of the 100th General Assembly, any active member of the Firemen's Annuity and Benefit Fund of Chicago may apply for transfer of up to 10 years of creditable service accumulated in any pension fund established under this Article to the Firemen's Annuity and Benefit Fund of Chicago. Such creditable service shall be transferred only upon payment by such pension fund to the Firemen's Annuity and Benefit Fund of Chicago of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in such pension fund as to any credits transferred under this Section shall terminate on the date of transfer. (b) An active member of the Firemen's Annuity and Benefit Fund of Chicago applying for a transfer of creditable service under subsection (a) may reinstate credits and creditable service terminated upon receipt of a refund by payment to the Firemen's Annuity and Benefit Fund of Chicago of the amount of the refund with interest thereon at the actuarially assumed rate, compounded annually, from the date of the refund to the date of payment.
(Source: P.A. 100-544, eff. 11-8-17.) |
(40 ILCS 5/4-108.7) Sec. 4-108.7. Transfer of creditable service from the Firemen's Annuity and Benefit Fund of Chicago. Until 6 months after the effective date of this amendatory Act of the 101st General Assembly, any active participant in a fund established under this Article may transfer to that fund creditable service accumulated under Article 6 of this Code upon payment to the Article 4 fund, within 5 years after the date of application, of an amount equal to the difference between the amount of employee and employer contributions transferred to the Article 4 fund under Section 6-227.1 and the amounts determined by the Article 4 fund in accordance with this Section, plus interest on that difference at the actuarially assumed rate, compounded annually, from the date of service to the date of payment. The Article 4 fund must determine the firefighter's payment required to establish creditable service under this Section by taking into account the appropriate actuarial assumptions, including without limitation the firefighter's service, age, and salary history; the level of funding of the Article 4 fund; and any other factors that the Article 4 fund determines to be relevant. For this purpose, the firefighter's required payment should result in no significant increase to the Article 4 fund's unfunded actuarial accrued liability determined as of the most recent actuarial valuation, based on the same assumptions and methods used to develop and report the Article 4 fund's actuarial accrued liability and actuarial value of assets under Statement No. 25 of Governmental Accounting Standards Board or any subsequent applicable Statement.
(Source: P.A. 101-474, eff. 8-23-19.) |
(40 ILCS 5/4-108.8) Sec. 4-108.8. Transfer of creditable service to the State Employees' Retirement System. (a) Any active member of the State Employees' Retirement System who is an arson investigator, investigator for the Department of Revenue, investigator for the Illinois Gaming Board, or investigator for the Secretary of State may apply for transfer of some or all of his or her credits and creditable service accumulated in any firefighters' pension fund under this Article to the State Employees' Retirement System in accordance with Section 14-110. The creditable service shall be transferred only upon payment by the firefighters' pension fund to the State Employees' Retirement System of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the firefighters' pension fund with respect to the service to be transferred shall terminate on the date of transfer. (b) Any person applying to transfer service under this Section may reinstate service that was terminated by receipt of a refund, by paying to the firefighters' pension fund the amount of the refund with interest thereon at the actuarially assumed rate of interest, compounded annually, from the date of refund to the date of payment.
(Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.) |
(40 ILCS 5/4-108.9) Sec. 4-108.9. Transfer to Article 3 fund. (a) At any time during the 6 months following the effective date of this amendatory Act of the 104th General Assembly, an active member of an Article 3 police pension fund may apply for transfer to that fund of up to 8 years of his or her creditable service accumulated in a firefighter pension fund under this Article that is administered by a unit of local government if that active member was not subject to disciplinary action when he or she terminated employment with that employer. The creditable service shall be transferred upon payment by the firefighter pension fund to the Article 3 fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the firefighter pension fund with respect to the transferred creditable service shall terminate on the date of transfer. (b) At the time of applying for transfer of creditable service under this Section, an active member of an Article 3 police pension fund may, for the purpose of that transfer, reinstate creditable service that was terminated by receipt of a refund, by payment to the police pension fund of the amount of the refund with interest thereon at the rate of 6% per year, compounded annually, from the date of the refund to the date of payment.(Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
Sec. 4-109. Pension.
(a) A firefighter age 50 or more with 20 or more years of creditable
service, who is no longer in service as a firefighter, shall receive a monthly
pension of 1/2 the monthly salary attached to the rank held by him or her in
the fire service at the date of retirement.
The monthly pension shall be increased by 1/12 of 2.5% of such
monthly salary for each additional month over 20 years of service through 30
years of service, to a maximum of 75% of such monthly salary.
The changes made to this subsection (a) by this amendatory Act of the
91st General Assembly apply to all pensions that become payable under this
subsection on or after January 1, 1999. All pensions payable under this
subsection that began on or after January 1, 1999 and before the effective date
of this amendatory Act shall be recalculated, and the amount of the increase
accruing for that period shall be payable to the pensioner in a lump sum.
(b) A firefighter who retires or is separated from service having at
least 10 but less than 20 years of creditable service, who is not entitled
to receive a disability pension, and who did not apply for a refund of
contributions at his or her last separation from service shall receive a
monthly pension upon attainment of age 60 based on the monthly salary attached
to his or her rank in the fire service on the date of retirement or separation
from service according to the following schedule:
For 10 years of service, 15% of salary; For 11 years of service, 17.6% of salary; For 12 years of service, 20.4% of salary; For 13 years of service, 23.4% of salary; For 14 years of service, 26.6% of salary; For 15 years of service, 30% of salary; For 16 years of service, 33.6% of salary; For 17 years of service, 37.4% of salary; For 18 years of service, 41.4% of salary; For 19 years of service, 45.6% of salary.
(c) Notwithstanding any other provision of this Article,
the provisions of this subsection (c) apply to a person who first
becomes a firefighter under this Article on or after January 1, 2011. A firefighter age 55 or more who has 10 or more years of service in that capacity shall be entitled at his option to receive a monthly pension for his service as a firefighter computed by multiplying 2.5% for each year of such service by his or her final average salary. The pension of a firefighter who is retiring after attaining age 50 with 10 or more years of creditable service shall be reduced by one-half of 1% for each month that the firefighter's age is under age 55. The maximum pension under this subsection (c) shall be 75%
of final average salary. For the purposes of this subsection (c), "final average salary" means the greater of: (i) the average monthly salary obtained by dividing the total salary of the firefighter during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period; or (ii) the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period. Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual salary
based on the plan year of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. Nothing in this amendatory Act of the 101st General Assembly shall cause or otherwise result in any retroactive adjustment of any employee contributions. (Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
Sec. 4-109.1. Increase in pension.
(a) Except as provided in subsection (e), the monthly pension of a
firefighter who retires after July 1, 1971 and prior to January 1, 1986, shall,
upon either the first of the month following the first anniversary of the date
of retirement if 60 years of age or over at retirement date, or upon the first
day of the month following attainment of age 60 if it occurs after the first
anniversary of retirement, be increased by 2% of the originally granted monthly
pension and by an additional 2% in each January thereafter. Effective January
1976, the rate of the annual increase shall be 3% of the originally granted
monthly pension.
(b) The monthly pension of a firefighter who retired
from service with 20 or more years of service, on or before
July 1, 1971, shall be increased, in January of the year
following the year of attaining age 65 or in January
1972, if then over age 65, by 2% of the originally granted monthly
pension, for each year the firefighter received pension payments.
In each January thereafter, he or she shall receive an additional
increase of 2% of the original monthly pension. Effective
January 1976, the rate of the annual increase shall be 3%.
(c) The monthly pension of a firefighter who is receiving
a disability pension under this Article shall be increased, in
January of the year following the year the firefighter attains
age 60, or in January 1974, if then over age 60, by 2% of the
originally granted monthly pension for each
year he or she received pension payments.
In each January thereafter, the firefighter shall receive an additional
increase of 2% of the original monthly pension. Effective January 1976,
the rate of the annual increase shall be 3%.
(c-1) On January 1, 1998, every child's disability benefit payable on that
date under Section 4-110 or 4-110.1 shall be increased by an amount equal to
1/12 of 3% of the amount of the benefit, multiplied by the number of months for
which the benefit has been payable. On each January 1 thereafter, every
child's disability benefit payable under Section 4-110 or 4-110.1 shall be
increased by 3% of the amount of the benefit then being paid, including any
previous increases received under this Article. These increases are not
subject to any limitation on the maximum benefit amount included in Section
4-110 or 4-110.1.
(c-2) On July 1, 2004, every pension payable to or on behalf of a minor
or disabled surviving child that is payable on that date under Section 4-114
shall be increased by an amount equal to 1/12 of 3% of the amount of the
pension, multiplied by the number of months for which the benefit has been
payable. On July 1, 2005, July 1, 2006, July 1, 2007, and July 1, 2008, every pension payable to or on behalf
of a minor or disabled surviving child that is payable under Section 4-114
shall be increased by 3% of the amount of the pension then being paid,
including any previous increases received under this Article. These increases
are not subject to any limitation on the maximum benefit amount included in
Section 4-114.
(d) The monthly pension of a firefighter who retires after January 1,
1986, shall, upon either the first of the month following the first
anniversary of the date of retirement if 55 years of age or over, or
upon the first day of the month following attainment of
age 55 if it occurs after the first anniversary of retirement, be increased
by 1/12 of 3% of the originally granted monthly pension for each full
month that has elapsed since the pension began, and by an
additional 3% in each January thereafter.
The changes made to this subsection (d) by this amendatory Act of the 91st
General Assembly apply to all initial increases that become payable under this
subsection on or after January 1, 1999. All initial increases that became
payable under this subsection on or after January 1, 1999 and before the
effective date of this amendatory Act shall be recalculated and the additional
amount accruing for that period, if any, shall be payable to the pensioner in a
lump sum.
(e) Notwithstanding the provisions of subsection (a), upon the
first day of the month following (1) the first anniversary of the date of
retirement, or (2) the attainment of age 55, or (3) July 1, 1987, whichever
occurs latest, the monthly pension of a firefighter who retired on or after
January 1, 1977 and on or before January 1, 1986 and did not receive an
increase under subsection (a) before July 1, 1987,
shall be increased by 3% of the originally granted monthly pension for
each full year that has elapsed since the pension began, and by an
additional 3% in each January thereafter. The increases provided under
this subsection are in lieu of the increases provided in subsection (a).
(f) In July 2009, the monthly pension of a
firefighter who retired before July 1, 1977 shall be recalculated and increased to reflect the amount that the firefighter would have received in July 2009 had the firefighter been receiving a 3% compounded increase for each year he or she received pension payments after January 1, 1986, plus any increases in pension received for each year prior to January 1, 1986. In each January thereafter, he or she shall receive an additional
increase of 3% of the amount of the pension then being paid. The changes made to this Section by this amendatory Act of the 96th General Assembly apply without regard to whether the firefighter was in service on or after its effective date. (g) Notwithstanding any other provision of this Article, the monthly pension of a
person who first becomes a firefighter under this Article on or after January 1, 2011 shall be increased on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the pension start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted pension. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the pension shall not be increased. For the purposes of this subsection (g), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds. (Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)
|
(40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
Sec. 4-109.2. Minimum pension.
(a) Beginning January 1, 1984, the minimum
disability pension granted under Section 4-110 or 4-111, the minimum
surviving spouse's pension, and the minimum retirement pension
granted to a firefighter with 20 or more years of creditable service,
shall be $300 per month, without regard to whether the death, disability
or retirement of the firefighter occurred prior to that date.
Beginning July 1, 1987, the minimum retirement pension payable to a
firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110 or 4-111, and the minimum
surviving spouse's pension shall be $400 per month, without regard to
whether the death, retirement or disability of the firefighter occurred
prior to that date.
Beginning July 1, 1993, the minimum retirement pension payable to a
firefighter with 20 or more years of creditable service and the minimum
surviving spouse's pension shall be $475 per month, without regard to
whether the firefighter was in service on or after the effective date of
this amendatory Act of 1993.
(b) Beginning January 1, 1999, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $600 per month, without regard to
whether the firefighter was in service on or after the effective date of this
amendatory Act of the 91st General Assembly.
In the case of a pensioner whose pension began before the effective date
of this amendatory Act and is subject to increase under this subsection (b),
the pensioner shall be entitled to a lump sum payment of the amount of that
increase accruing from January 1, 1999 (or the date the pension began, if
later) to the effective date of this amendatory Act.
(c) Beginning January 1, 2000, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $800 per month, without regard to
whether the firefighter was in service on or after the effective date of this
amendatory Act of the 91st General Assembly.
(d) Beginning January 1, 2001, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $1000 per month, without regard to
whether the firefighter was in service on or after the effective date of this
amendatory Act of the 91st General Assembly.
(e) Beginning July 1, 2004, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $1030 per month, without regard to
whether the firefighter was in service on or after the effective date of this
amendatory Act of the 93rd General Assembly.
(f) Beginning July 1, 2005, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $1060.90 per month, without regard
to whether the firefighter was in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(g) Beginning July 1, 2006, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $1092.73 per month, without regard
to whether the firefighter was in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(h) Beginning July 1, 2007, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $1125.51 per month, without regard
to whether the firefighter was in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(i) Beginning July 1, 2008, the minimum retirement pension payable
to a firefighter with 20 or more years of creditable service, the minimum
disability pension payable under Section 4-110, 4-110.1, or 4-111, and the
minimum surviving spouse's pension shall be $1159.27 per month, without regard
to whether the firefighter was in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93-689, eff. 7-1-04.)
|
(40 ILCS 5/4-109.3)
Sec. 4-109.3. Employee creditable service. (a) As used in this Section:
"Final monthly salary" means the monthly salary attached to the rank held by
the firefighter at the time of his or her last withdrawal from service under a
particular pension fund.
"Last pension fund" means the pension fund in which the firefighter was
participating at the time of his or her last withdrawal from service.
(b) The benefits provided under this Section are available only to a
firefighter who:
(1) is a firefighter at the time of withdrawal from | ||
| ||
(2) has established service credit with at least one | ||
| ||
(3) has a total of at least 20 years of service under | ||
| ||
(4) is in service on or after the effective date of | ||
| ||
(c) A firefighter who is eligible for benefits under this Section may elect
to receive a retirement pension from each pension fund under this Article in
which the firefighter has at least one year of service credit but has not received a refund under Section 4-116 (unless the firefighter repays that refund under subsection (g)) or subsection (c) of Section 4-118.1, by applying in
writing and paying the contribution required under subsection (i).
(d) From each such pension fund other than the last pension fund, in lieu
of any retirement pension otherwise payable under this Article, a firefighter
to whom this Section applies may elect to receive a monthly pension of 1/12th
of 2.5% of his or her final monthly salary under that fund for each month of
service in that fund, subject to a maximum of 75% of that final monthly salary.
(e) From the last pension fund, in lieu of any retirement pension otherwise
payable under this Article, a firefighter to whom this Section applies may
elect to receive a monthly pension calculated as follows:
The last pension fund shall calculate the retirement pension that
would be payable to the firefighter under Section 4-109 as if he
or she had
participated in that last pension fund during his or her entire period of
service under all pension funds established under this Article (excluding any period of service for which the firefighter has received a refund under Section 4-116, unless the firefighter repays that refund under subsection (g), or for which the firefighter has received a refund under subsection (c) of Section 4-118.1).
From this hypothetical pension there shall be subtracted the original amounts
of the retirement pensions payable to the firefighter by all other pension
funds under subsection (d). The remainder is the retirement pension payable
to the firefighter by the last pension fund under this subsection (e).
(f) Pensions elected under this Section shall be subject to increases as
provided in Section 4-109.1.
(g) A current firefighter may reinstate creditable service in a
pension fund established under this Article that was terminated upon receipt of
a refund, by payment to that pension fund of the amount of the refund together
with interest thereon at the rate of 6% per year, compounded annually, from the
date of the refund to the date of payment. A repayment of a refund under this
Section may be made in equal installments over a period of up to 10 years, but
must be paid in full prior to retirement.
(h) As a condition of being eligible for the benefits provided in this Section, a person who is hired to a position as a firefighter on or after July 1, 2004 must, within 21 months after being hired, notify
the new employer, all of his or her previous employers under this Article, and
the Public Pension Division of the Department of Insurance of his or her intent to receive the benefits provided under this Section.
As a condition of being eligible for the benefits provided in this Section, a person who first becomes a firefighter under this Article after December 31, 2010 must (1) within 21 months after being hired or within 21 months after the effective date of this amendatory Act of the 102nd General Assembly, whichever is later, notify the new employer, all of his or her previous employers under this Article, and the Public Pension Division of the Department of Insurance of his or her intent to receive the benefits provided under this Section; and (2) make the required contributions with applicable interest. A person who first becomes a firefighter under this Article after December 31, 2010 and who, before the effective date of this amendatory Act of the 102nd General Assembly, notified the new employer, all of his or her previous employers under this Article, and the Public Pension Division of the Department of Insurance of his or her intent to receive the benefits provided under this Section shall be deemed to have met the notice requirement under item (1) of the preceding sentence. The changes made to this Section by this amendatory Act of the 102nd General Assembly apply retroactively, notwithstanding Section 1-103.1. (i) In order to receive a pension under this Section or an occupational disease disability pension for which he or she becomes eligible due to the application of subsection (m) of this Section, a firefighter must
pay to each pension fund from which he or she has elected to receive a pension under this Section a contribution equal to 1% of
monthly salary for each month of service credit that the firefighter has in
that fund (other than service credit for which the firefighter has already
paid the additional contribution required under subsection (c) of Section
4-118.1), together with interest thereon at the rate of 6% per annum, compounded
annually, from the firefighter's first day of employment with that fund or the first day of the fiscal year of that fund that immediately precedes the firefighter's first day of employment with that fund, whichever is earlier. In order for a firefighter who, as of the effective date of this amendatory Act of the 93rd General Assembly, has not begun to receive a pension under this Section or an occupational disease disability pension under subsection (m) of this Section and who has contributed 1/12th of 1% of monthly salary for each month of service credit that the firefighter has in
that fund (other than service credit for which the firefighter has already
paid the additional contribution required under subsection (c) of Section
4-118.1), together with the required interest thereon, to receive a pension under this Section or an occupational disease disability pension for which he or she becomes eligible due to the application of subsection (m) of this Section, the firefighter must, within one year after the effective date of this amendatory Act of the 93rd General Assembly, make an additional contribution equal to 11/12ths of 1% of
monthly salary for each month of service credit that the firefighter has in
that fund (other than service credit for which the firefighter has already
paid the additional contribution required under subsection (c) of Section
4-118.1), together with interest thereon at the rate of 6% per annum, compounded
annually, from the firefighter's first day of employment with that fund or the first day of the fiscal year of that fund that immediately precedes the firefighter's first day of employment with the fund, whichever is earlier. A firefighter who, as of the effective date of this amendatory Act of the 93rd General Assembly, has not begun to receive a pension under this Section or an occupational disease disability pension under subsection (m) of this Section and who has contributed 1/12th of 1% of monthly salary for each month of service credit that the firefighter has in
that fund (other than service credit for which the firefighter has already
paid the additional contribution required under subsection (c) of Section
4-118.1), together with the required interest thereon, in order to receive a pension under this Section or an occupational disease disability pension under subsection (m) of this Section, may elect, within one year after the effective date of this amendatory Act of the 93rd General Assembly to forfeit the benefits provided under this Section and receive a refund of that contribution.
(j) A retired firefighter who is receiving pension payments under Section 4-109 may reenter active service under this Article. Subject to the provisions of Section 4-117, the firefighter may receive credit for service performed after the reentry if the firefighter (1) applies to receive credit for that service, (2) suspends his or her pensions under this Section,
and (3) makes the contributions required under subsection (i).
(k) A firefighter who is newly hired or promoted to a position as a
firefighter shall not be denied participation in a fund under this Article
based on his or her age. (l) If a firefighter who elects to make contributions under subsection (c) of Section 4-118.1 for the pension benefits provided under this Section becomes entitled to a disability pension under Section 4-110, the last pension fund is responsible to pay that disability pension and the amount of that disability pension shall be based only on the firefighter's service with the last pension fund. (m) Notwithstanding any provision in Section 4-110.1 to the contrary, if a firefighter who elects to make contributions under subsection (c) of Section 4-118.1 for the pension benefits provided under this Section becomes entitled to an occupational disease disability pension under Section 4-110.1, each pension fund to which the firefighter has made contributions under subsection (c) of Section 4-118.1 must pay a portion of that occupational disease disability pension equal to the proportion that the firefighter's service credit with that pension fund for which the contributions under subsection (c) of Section 4-118.1 have been made bears to the firefighter's total service credit with all of the pension funds for which the contributions under subsection (c) of Section 4-118.1 have been made. A firefighter who has made contributions under subsection (c) of Section 4-118.1 for at least 5 years of creditable service shall be deemed to have met the 5-year creditable service requirement under Section 4-110.1, regardless of whether the firefighter has 5 years of creditable service with the last pension fund. (n) If a firefighter who elects to make contributions under subsection (c) of Section 4-118.1 for the pension benefits provided under this Section becomes entitled to a disability pension under Section 4-111, the last pension fund is responsible to pay that disability pension, provided that the firefighter has at least 7 years of creditable service with the last pension fund.
In the event a firefighter began employment with a new employer as a result of an intergovernmental agreement that resulted in the elimination of the previous employer's fire department, the firefighter shall not be required to have 7 years of creditable service with the last pension fund to qualify for a disability pension under Section 4-111. Under this circumstance, a firefighter shall be required to have 7 years of total combined creditable service time to qualify for a disability pension under Section 4-111. The disability pension received pursuant to this Section shall be paid by the previous employer and new employer in proportion to the firefighter's years of service with each employer.
(Source: P.A. 102-81, eff. 7-9-21; 103-426, eff. 8-4-23.)
|
(40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110)
Sec. 4-110. Disability pension - Line of duty. If a firefighter, as the
result of sickness, accident or injury incurred in or resulting from the
performance of an act of duty or from the cumulative effects of acts of duty,
is found, pursuant to Section 4-112, to be physically or mentally permanently
disabled for service in the fire department, so as to render necessary his or
her being placed on disability pension, the firefighter shall be entitled to
a disability pension equal to the greater of (1) 65% of the monthly
salary attached to the rank held by him or her in the fire department at the
date he or she is removed from the municipality's fire department payroll or
(2) the retirement pension that the firefighter would be eligible to receive
if he or she retired (but not including any automatic annual increase in that
retirement pension). A firefighter shall be considered "on duty" while on
any assignment approved by the chief of the fire department, even though away
from the municipality he or she serves as a firefighter, if the assignment
is related to the fire protection service of the municipality.
Such firefighter shall also be entitled to a child's disability benefit
of $20 a month on account of each unmarried child less than 18 years of age and
dependent upon the firefighter for support, either the issue of the firefighter
or legally adopted by him or her. The total amount of child's disability
benefit payable to the firefighter, when added to his or her disability
pension, shall not exceed 75% of the amount of salary which the
firefighter was receiving at the date of retirement.
Benefits payable on account of a child under this Section shall not
be reduced or terminated by reason of the child's attainment
of age 18 if he or she is then dependent by reason of a physical or mental
disability but shall continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged to be disabled persons pursuant to
Article XIa of the Probate Act of 1975, except for persons receiving benefits
under Article III of the Illinois Public Aid Code, shall be eligible to receive
benefits under this Act.
If a firefighter dies while still disabled and receiving a disability pension
under this Section, the disability pension shall continue to be paid to the
firefighter's survivors in the sequence provided in Section 4-114. A pension previously granted
under Section 4-114 to a survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a continuation
of the pension provided under this Section and shall be deemed to be
in the nature of worker's compensation payments. The changes to this Section
made by this amendatory Act of 1995 are intended to be retroactive and are not
limited to persons in service on or after its effective date.
(Source: P.A. 93-1090, eff. 3-11-05.)
|
(40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1)
Sec. 4-110.1. Occupational disease disability pension.
The General Assembly finds that service in the fire department requires
firefighters in times of stress and danger to perform unusual tasks; that
firefighters are subject to exposure to extreme heat or extreme cold in certain
seasons while performing their duties; that they are required to work in the
midst of and are subject to heavy smoke fumes, and carcinogenic, poisonous,
toxic or chemical gases from fires; and that these conditions exist and
arise out of or in the course of employment.
An active firefighter with 5 or more years of creditable service who is
found, pursuant to Section 4-112, unable to perform his or her duties in the
fire department by reason of heart disease, stroke, tuberculosis, or
any disease of the lungs or respiratory tract, resulting from service as a
firefighter, is entitled to an occupational disease disability pension during
any period of such disability for which he or she has no right to receive
salary.
Any active firefighter who has completed 5 or more years
of service and is unable to perform his or her duties in the fire department
by reason of a disabling cancer, which develops or manifests itself during
a period while the firefighter is in the service of the fire department,
shall be entitled to receive an occupational disease disability benefit
during any period of such disability for which he or she does not have a
right to receive salary. In order to receive this occupational disease
disability benefit, (i) the type of cancer involved must be a type which
may be caused by exposure to heat, radiation or a known carcinogen as defined
by the International Agency for Research on Cancer and (ii) the cancer
must (and is rebuttably presumed to) arise as a result of service as a
firefighter.
A firefighter who enters the service after August 27, 1971 shall be
examined by one or more practicing physicians appointed by the board. If
the examination discloses impairment of the heart, lungs or respiratory
tract, or the existence of any cancer, the firefighter shall not be
entitled to the occupational disease disability pension unless and until a
subsequent examination reveals no such impairment or cancer.
The occupational disease disability pension shall be equal to the greater
of (1) 65% of the
salary attached to the rank held by the firefighter in the fire service at the
time of his or her removal from the municipality's fire department payroll or
(2) the retirement pension that the firefighter would be eligible to receive
if he or she retired (but not including any automatic annual increase in that
retirement pension).
The firefighter is also entitled to a child's disability benefit of $20 a
month for each natural or legally adopted unmarried child less than age 18
dependent upon the firefighter for support. The total child's disability
benefit when added to the occupational disease disability pension shall not
exceed 75% of the firefighter's salary at the time of the grant of occupational
disease disability pension.
The occupational disease disability pension is payable to the firefighter
during the period of the disability. If the disability ceases before the
death of the firefighter, the disability pension payable under this Section
shall also cease and the firefighter thereafter shall receive such pension
benefits as are provided in accordance with other provisions of this Article.
If a firefighter dies while still disabled and receiving a disability
pension under this Section, the disability pension shall continue to be paid to
the firefighter's survivors in the sequence provided in Section 4-114. A pension previously granted under
Section 4-114 to a survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a continuation of
the pension provided under this Section and shall be deemed to be in the nature
of worker's occupational disease compensation payments. The changes to this
Section made by this amendatory Act of 1995 are intended to be retroactive and
are not limited to persons in service on or after its effective date.
The child's disability benefit shall terminate if the disability ceases
while the firefighter is alive or when the child or children attain
age 18 or marry, whichever event occurs first, except that benefits
payable on account of a child under this Section shall not be
reduced or terminated by reason of the child's attainment of age 18 if he
or she is then dependent by reason of a physical or mental disability
but shall continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged as a disabled person pursuant
to Article XIa of the Probate Act of 1975, except for persons receiving
benefits under Article III of the Illinois Public Aid Code, shall be
eligible to receive benefits under this Act.
(Source: P.A. 93-1090, eff. 3-11-05.)
|
(40 ILCS 5/4-110.2) Sec. 4-110.2. Secondary employer injury and exposure reporting. The fire chief of a secondary employer, as described in Section 4-118, shall report any injury, illness, or exposure incurred by a secondary employee during his or her employment to the primary employer's pension fund and the Department of Insurance within 96 hours from the time of the occurrence. The reporting requirements shall be consistent with the recommendations found in Chapters 4, 13, and 14 of the NFPA 1500 Standard on Fire Department Occupational Safety, Health, and Wellness Program.
(Source: P.A. 101-522, eff. 8-23-19; 102-59, eff. 7-9-21.) |
(40 ILCS 5/4-111) (from Ch. 108 1/2, par. 4-111)
Sec. 4-111. Disability pension - Not in duty. A firefighter having at least 7 years of creditable
service who becomes
disabled as a result of any cause other than an act of duty, and who is
found, pursuant to Section 4-112,
to be physically or mentally permanently disabled so
as to render necessary his or her being placed on disability pension,
shall be granted a disability pension of 50% of the monthly salary attached
to the rank held by the firefighter in the fire service at
the date he or she is removed from the municipality's fire department payroll. If a firefighter dies while still disabled and receiving a disability pension under this Section, the disability pension shall continue to be paid to the firefighter's survivors in the sequence provided in Section 4-114 if that disability pension is greater than the survivors pension provided under subsection (a) of Section 4-114.
(Source: P.A. 93-1090, eff. 3-11-05.)
|
(40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112)
Sec. 4-112. Determination of disability; restoration to active service; disability cannot constitute cause for discharge. A disability pension shall not be paid until disability
has been established by the board by examinations
of the firefighter at pension fund expense by 3 physicians selected
by the board and such other evidence as the board deems
necessary. The 3 physicians selected by the board need not agree as to the existence of any disability or the nature and extent of a disability. Medical examination of a firefighter
receiving a disability pension shall be made at least once each year prior
to attainment of age 50 in order to verify continuance of disability, except that a medical examination of a firefighter receiving a disability pension for post-traumatic stress disorder (PTSD) related to his or her service as a firefighter shall not be made if: (1) the firefighter has attained age 45; (2) the firefighter has provided to the board documentation approving the discontinuance of the medical examination from at least 2 physicians; and (3) at least 4 members of the board have voted in the affirmative to allow the firefighter to discontinue the medical examination. No
examination shall be required after age 50. No physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under this Article may be used, in whole or in part, by any municipality or fire protection district employing firefighters, emergency medical technicians, or paramedics as cause for discharge.
Upon satisfactory proof to the board that a firefighter on the disability
pension has recovered from disability, the board shall
terminate the
disability pension.
The firefighter shall report to the marshal or chief
of the fire department, who shall thereupon
order immediate reinstatement into active service, and the municipality shall immediately return the firefighter to its payroll, in the same rank or grade held
at the date he or she was placed on disability pension. If the firefighter must file a civil action against the municipality to enforce his or her mandated return to payroll under this paragraph, then the firefighter is entitled to recovery of reasonable court costs and attorney's fees.
The firefighter shall be entitled to 10 days notice before
any hearing or meeting of the board at which the question of his or her
disability is to be considered, and shall have the right to be present
at any such hearing or meeting, and to be represented by counsel; however,
the board shall not have any obligation to provide such fireman with counsel.
(Source: P.A. 100-1097, eff. 8-26-18.)
|
(40 ILCS 5/4-113) (from Ch. 108 1/2, par. 4-113)
Sec. 4-113.
Disability pension option.
(a) A firefighter who has not completed 20 years of
creditable service and is receiving a disability pension
under this Article whose
disability continues for a period which when added to his or her period
of active service equals 20 years may, if age 50 or over, elect to retire
from the fire service
by submitting written application to the board. A firefighter exercising
such option shall be entitled to continue to receive a retirement
pension equal in amount to the disability pension
he or she was entitled to as a disabled firefighter on the date
he or she was removed from the municipality's payroll
for disability. A firefighter electing to exercise such
option shall be entitled to the automatic increase in pension provided
under subsection (a) of Section 4-109.1.
(b) A firefighter who is receiving a
disability pension under this Article who has sufficient creditable service
to qualify for a retirement pension and is age 50 or more may
elect to permanently retire from the fire service at any time by submitting
written application to the board. The salary to be used in the determination
of such firefighter's pension shall be based on
the salary attached to the rank held by the firefighter in the
fire service at the date of the election to retire. All other
conditions in the computation of the pension
shall be based upon the provisions of Section 4-109 which were applicable
to the firefighter
while he or she was in active service as an employee. A firefighter
electing to exercise such option shall be entitled to the
automatic increase in pension provided under subsection (a) of Section 4-109.1.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
Sec. 4-114. Pension to survivors. If a firefighter who is not receiving a
disability pension under Section 4-110 or 4-110.1 dies (1) as a result of any
illness or accident, or (2) from any cause while in receipt of a disability
pension under this Article, or (3) during retirement after 20 years service, or
(4) while vested for or in receipt of a pension payable under subsection (b)
of Section 4-109, or (5) while a deferred pensioner, having made all required
contributions, a pension shall be paid to his or her survivors, based on the
monthly salary attached to the firefighter's rank on the last day of service
in the fire department, as follows:
(a)(1) To the surviving spouse, a monthly pension of | ||
| ||
(2) Beginning July 1, 2004, unless the amount | ||
| ||
(3) If the pension paid on and after July 1, 2004 to | ||
| ||
The pension to the surviving spouse shall terminate | ||
| ||
The surviving spouse's pension shall be subject to | ||
| ||
(b) Upon the death of the surviving spouse leaving | ||
| ||
In a case where the deceased firefighter left one or | ||
| ||
(c) If a deceased firefighter leaves no surviving | ||
| ||
(d) The total pension provided under paragraphs (a), | ||
| ||
The maximum pension limitations in this paragraph (d) | ||
| ||
(e) If a firefighter leaves no eligible survivors | ||
| ||
(f) (Blank).
(g) If a judgment of dissolution of marriage between | ||
| ||
(h) Benefits payable on account of a child under this | ||
| ||
(i) Beginning January 1, 2000, the pension of the | ||
| ||
(j) Beginning July 1, 2004, the pension of the | ||
| ||
Notwithstanding any other provision of this Article, if a person who first becomes a firefighter under this Article on or after January 1, 2011 and who is not receiving a
disability pension under Section 4-110 or 4-110.1 dies (1) as a result of any
illness or accident, (2) from any cause while in receipt of a disability
pension under this Article, (3) during retirement after 20 years service, (4) while vested for or in receipt of a pension payable under subsection (b)
of Section 4-109, or (5) while a deferred pensioner, having made all required
contributions, then a pension shall be paid to his or her survivors in an amount equal to the greater of (i) 54% of the firefighter's monthly salary at the date of death, or (ii) 66 2/3% of the firefighter's earned pension at the date of death, and, if there is a surviving spouse, 12% of such monthly salary shall be granted to the guardian of any minor child or children, including a child who has been conceived but not yet born, for each such child until attainment of age 18. Upon the death of the surviving spouse leaving one or more minor children, or upon the death of a firefighter leaving one or more minor children but no surviving spouse, a monthly pension of 20% of the monthly salary shall be granted to the duly appointed guardian of each such child for the support and maintenance of each such child until the child reaches age 18. The total pension provided under this paragraph shall not exceed 75% of the monthly salary of the deceased firefighter (1) when paid to the survivor of a firefighter who has attained 20 or more years of service credit and who receives or is eligible to receive a retirement pension under this Article, (2) when paid to the survivor of a firefighter who dies as a result of illness or accident, (3) when paid to the survivor of a firefighter who dies from any cause while in receipt of a disability pension under this Article, or (4) when paid to the survivor of a deferred pensioner. Nothing in this Section shall act to diminish the
survivor's benefits described in subsection (j) of this Section. Notwithstanding Section 1-103.1, the changes made to this subsection apply without regard to whether the deceased firefighter was in service on or after the effective date of this amendatory Act of the 101st General Assembly. Notwithstanding any other provision of this Article, the monthly
pension of a survivor of a person who first becomes a firefighter under this Article on or after January 1, 2011 shall be increased on the January 1 after attainment of age 60 by the recipient of the survivor's pension and
each January 1 thereafter by 3% or one-half the annual unadjusted percentage increase in the consumer price index-u for the
12 months ending with the September preceding each November 1, whichever is less, of the originally granted survivor's pension. If the annual unadjusted percentage change in
the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the survivor's pension shall not
be increased. For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds. (Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/4-114.1) (from Ch. 108 1/2, par. 4-114.1)
Sec. 4-114.1.
Pensions to survivors of male and female firefighters.
All provisions of this Article relating to pensions to a
surviving spouse, children or dependent parents of a firefighter
apply with equal force to the surviving spouse, minor
children and dependent parents of male and female firefighters without
any distinction whatsoever.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-114.2) (from Ch. 108 1/2, par. 4-114.2) Sec. 4-114.2. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts. (a) Whenever a person is entitled to a disability or survivor's benefit under this Article and to benefits under the Workers' Compensation Act or the Workers' Occupational Diseases Act for the same injury or disease, the benefits payable under this Article shall be reduced by an amount computed in accordance with subsection (b) of this Section. There shall be no reduction, however, for any of the following: payments for medical, surgical and hospital services, non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this State and for artificial appliances; payments made for scheduled losses for the loss of or permanent and complete or permanent and partial loss of the use of any bodily member or the body taken as a whole under subdivision (d)2 or subsection (e) of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; payments made for statutorily prescribed losses under subdivision (d)2 of Section 8 of the Workers' Compensation Act or Section 7 of the Workers' Occupational Diseases Act; and that portion of the payments which is utilized to pay attorneys' fees and the costs of securing the workers' compensation benefits under either the Workers' Compensation Act or Workers' Occupational Diseases Act. (b) The reduction prescribed by this Section shall be computed as follows: (1) In the event that a person entitled to benefits | ||
| ||
(2) If the benefits deductible under this Section are | ||
| ||
(Source: P.A. 84-1039.) |
(40 ILCS 5/4-115) (from Ch. 108 1/2, par. 4-115)
Sec. 4-115.
Marriage after retirement.
(a) If a firefighter marries subsequent to the date of his
or her retirement with any
pension under this Article, and dies less than 12 months after the
marriage, a surviving spouse shall
receive no pension on the death of the
firefighter.
(b) Beginning January 1, 1989,
this Section shall no longer disqualify the surviving
spouse of a
firefighter who was married to such surviving spouse for at least 12 months
and died before November 18, 1985, from receiving a survivor's pension,
and any such surviving spouse who is otherwise eligible under Section 4-114
shall begin to receive a surviving spouse's pension on July 1, 1989.
(Source: P.A. 86-272.)
|
(40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1)
Sec. 4-115.1. Eligibility of children. Dependent benefits shall be paid to
each natural child of a deceased firefighter, and to each child legally adopted, until the child's attainment of age
18 or marriage, whichever occurs first, whether or not the death of the
firefighter occurred prior to November 21, 1975.
Benefits payable to or on account of a child under this Article shall not
be reduced or terminated by reason of the child's adoption by a third party
after the firefighter's death.
Benefits payable to or on account of a child under this Article shall not be reduced or terminated by reason of the child's
attainment of age 18 if he or she is then dependent by reason of a physical or
mental disability but shall continue to be paid as long as such dependency
continues. Individuals over the age of 18 and adjudged as a disabled person
pursuant to Article XIa of the Probate Act of 1975, except for persons
receiving benefits under Article III of the Illinois Public Aid Code, shall be
eligible to receive benefits under this Act.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/4-115.2) Sec. 4-115.2. Dependent beneficiaries; payment to trust. Any benefit to be received by or paid to a dependent beneficiary may be received by or paid to a trust established for such dependent beneficiary if the dependent beneficiary is living at the time such benefit would be received by or paid to such trust.
(Source: P.A. 97-41, eff. 6-28-11.) |
(40 ILCS 5/4-116) (from Ch. 108 1/2, par. 4-116)
Sec. 4-116.
Refund.
A firefighter with less than 20 years of service
who (1) resigns or is
discharged, or has been involuntarily laid off for other than
disciplinary reasons for more than 180 calendar days, and (2) has not
received any disability
pension payments, is entitled to a refund of his or her total contributions
during such service.
Any firefighter receiving a refund under this Section forfeits and
relinquishes all accrued rights in the Fund, including accumulated creditable service.
In the event of reemployment in the service, the firefighter shall, prior
to commencing service repay to the fund, to the extent that the municipality
has not made such contribution on his or her behalf, the amount of any refund which
he or she received upon resigning or being discharged. Upon repayment
of this refund, the firefighter shall receive credit for the previous
years of service for which
he or she had received the refund.
(Source: P.A. 84-1039.)
|
(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
Sec. 4-117. Reentry into active service. (a) If a firefighter receiving
pension payments
reenters active service, pension payments shall be suspended while he
or she is in service. If the firefighter again retires or is discharged,
his or her monthly pension shall be resumed in the same amount as was paid
upon first retirement or discharge
unless he or she remained in active service 3 or more years after re-entry
in which case the monthly pension shall be based on the salary attached
to the firefighter's rank at the date of last retirement.
(b) If a deferred pensioner re-enters active service, and again retires
or is discharged from the fire service, his or her pension shall be based
on the salary attached to the rank held in the fire service at the date
of earlier retirement, unless the firefighter remains in active service
for 3 or more years after re-entry, in which case the monthly pension shall
be based on the salary attached to the firefighter's rank at the date of
last retirement.
(c) If a pensioner or deferred pensioner re-enters or is recalled
to active service and
is thereafter injured, and the injury
is not related to an injury for which he or she was previously receiving
a disability pension,
the 3-year service requirement shall not apply in order
for the firefighter to qualify for the increased pension based on
the rate of pay at the time of the
new injury.
(Source: P.A. 102-558, eff. 8-20-21.)
|
(40 ILCS 5/4-117.1) (from Ch. 108 1/2, par. 4-117.1)
Sec. 4-117.1.
Deduction for group plans.
If a municipality sponsors
a group hospital and medical plan which includes retired firefighters and
their spouses, upon written request of a retired firefighter, deductions
shall be made from the pension payments of the firefighter in the amounts
which the firefighter is required to contribute toward the group plan in
order to obtain such coverage.
Whenever continued group insurance coverage is elected in accordance
with the provisions of Section 367f of the Illinois Insurance Code, as now
or hereafter amended, the total monthly premium for such continued group
insurance coverage or such portion thereof as is not paid by the
municipality shall, upon request of the person electing such continued
group insurance coverage, be deducted from the monthly pension otherwise
payable to such person pursuant to this Article, and shall be remitted by
the pension fund making such deduction to the insurance company or other
entity providing the group insurance coverage.
(Source: P.A. 84-866.)
|
(40 ILCS 5/4-117.2) Sec. 4-117.2. Authority of the fund. The fund shall retain the exclusive authority to adjudicate and award disability benefits, retirement benefits, and survivor benefits under this Article and to issue refunds under this Article. The exclusive method of judicial review of any final administrative decision of the fund shall be made in accordance with Section 4-139. The Firefighters' Pension Investment Fund established under Article 22C of this Code shall not have the authority to control, alter, or modify, or the ability to review or intervene in, the proceedings or decisions of the fund as otherwise provided in this Section.
(Source: P.A. 101-610, eff. 1-1-20.) |
(40 ILCS 5/4-118) (from Ch. 108 1/2, par. 4-118)
Sec. 4-118. Financing.
(a) The city council or the board of trustees
of the municipality shall annually levy a tax upon all the taxable property
of the municipality at the rate on the dollar which will produce an amount
which, when added to the deductions from the salaries or wages of
firefighters and revenues available from other sources, will equal a sum
sufficient to meet the annual actuarial requirements of the pension fund,
as determined by an enrolled actuary employed by the Illinois Department of
Insurance or by an enrolled actuary retained by the pension fund or
municipality. For the purposes of this Section, the annual actuarial
requirements of the pension fund are equal to (1) the normal cost of the
pension fund, or 17.5% of the salaries and wages to be paid to firefighters
for the year involved, whichever is greater, plus (2) an annual amount
sufficient to bring the total assets of the pension fund up to 90% of the total actuarial liabilities of the pension fund by the end of municipal fiscal year 2040, as annually updated and determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the pension fund or the municipality. In making these determinations, the required minimum employer contribution shall be calculated each year as a level percentage of payroll over the years remaining up to and including fiscal year 2040 and shall be determined under the projected unit credit actuarial cost method. The amount
to be applied towards the amortization of the unfunded accrued liability in any
year shall not be less than the annual amount required to amortize the unfunded
accrued liability, including interest, as a level percentage of payroll over
the number of years remaining in the 40-year amortization period.
(a-2) A municipality that has established a pension fund under this Article and that employs a full-time firefighter, as defined in Section 4-106, shall be deemed a primary employer with respect to that full-time firefighter. Any municipality of 5,000 or more inhabitants that employs or enrolls a firefighter while that firefighter continues to earn service credit as a participant in a primary employer's pension fund under this Article shall be deemed a secondary employer and such employees shall be deemed to be secondary employee firefighters. To ensure that the primary employer's pension fund under this Article is aware of additional liabilities and risks to which firefighters are exposed when performing work as firefighters for secondary employers, a secondary employer shall annually prepare a report accounting for all hours worked by and wages and salaries paid to the secondary employee firefighters it receives services from or employs for each fiscal year in which such firefighters are employed and transmit a certified copy of that report to the primary employer's pension fund, the Department of Insurance, and the secondary employee firefighter no later than 30 days after the end of any fiscal year in which wages were paid to the secondary employee firefighters. Nothing in this Section shall be construed to allow a secondary employee to qualify for benefits or creditable service for employment as a firefighter for a secondary employer. (a-5) For purposes of determining the required employer contribution to a pension fund, the value of the pension fund's assets shall be equal to the actuarial value of the pension fund's assets, which shall be calculated as follows: (1) On March 30, 2011, the actuarial value of a | ||
| ||
(2) In determining the actuarial value of the pension | ||
| ||
(b) The tax shall be levied and collected in the same manner
as the general taxes of the municipality, and shall be in addition
to all other taxes now or hereafter authorized to be levied upon all
property within the municipality, and in addition to the amount authorized
to be levied for general purposes, under Section 8-3-1 of the Illinois
Municipal Code or under Section 14 of the Fire Protection District Act. The
tax shall be forwarded directly to the treasurer of the board within 30
business days of receipt by the county
(or, in the case of amounts
added to the tax levy under subsection (f), used by the municipality to pay the
employer contributions required under subsection (b-1) of Section 15-155 of
this Code).
(b-5) If a participating municipality fails to transmit to the fund contributions required of it under this Article for more than 90 days after the payment of those contributions is due, the fund may, after giving notice to the municipality, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in fiscal year 2016, deduct and remit to the fund the certified amounts or a portion of those amounts from the following proportions of payments of State funds to the municipality: (1) in fiscal year 2016, one-third of the total | ||
| ||
(2) in fiscal year 2017, two-thirds of the total | ||
| ||
(3) in fiscal year 2018 and each fiscal year | ||
| ||
The State Comptroller may not deduct from any payments of State funds to the municipality more than the amount of delinquent payments certified to the State Comptroller by the fund. (c) The board shall make available to the membership and the general public
for inspection and copying at reasonable times the most recent Actuarial
Valuation Balance Sheet and Tax Levy Requirement issued to the fund by the
Department of Insurance.
(d) The firefighters' pension fund shall consist of the following moneys
which shall be set apart by the treasurer of the municipality: (1) all
moneys derived from the taxes levied hereunder; (2) contributions
by firefighters as provided under Section 4-118.1; (2.5) all moneys received from the Firefighters' Pension Investment Fund as provided in Article 22C of this Code; (3) all
rewards in money, fees, gifts, and emoluments that may be paid or given
for or on account of extraordinary service by the fire department or any
member thereof, except when allowed to be retained by competitive awards;
and (4) any money, real estate or personal property received by the board.
(e) For the purposes of this Section, "enrolled actuary" means an actuary:
(1) who is a member of the Society of Actuaries or the American
Academy of Actuaries; and (2) who is enrolled under Subtitle
C of Title III of the Employee Retirement Income Security Act of 1974, or
who has been engaged in providing actuarial services to one or more public
retirement systems for a period of at least 3 years as of July 1, 1983.
(f) The corporate authorities of a municipality that employs a person
who is described in subdivision (d) of Section 4-106 may add to the tax levy
otherwise provided for in this Section an amount equal to the projected cost of
the employer contributions required to be paid by the municipality to the State
Universities Retirement System under subsection (b-1) of Section 15-155 of this
Code. (g) The Commission on Government Forecasting and
Accountability shall conduct a study of all funds established
under this Article and shall report its findings to the General
Assembly on or before January 1, 2013. To the fullest extent possible, the study shall include, but not be limited to, the following: (1) fund balances; (2) historical employer contribution rates for each | ||
| ||
(3) the actuarial formulas used as a basis for | ||
| ||
(4) available contribution funding sources; (5) the impact of any revenue limitations caused by | ||
| ||
(6) existing statutory funding compliance procedures | ||
| ||
(Source: P.A. 101-522, eff. 8-23-19; 101-610, eff. 1-1-20; 102-59, eff. 7-9-21; 102-558, eff. 8-20-21.)
|
(40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1)
Sec. 4-118.1. Contributions by firefighters.
(a) Beginning January 1, 1976 and until the effective date of this
amendatory Act of the 91st General Assembly, each firefighter shall contribute
to the pension fund 6 3/4% of salary towards the cost of his or her pension.
Beginning on the effective date of this amendatory Act of the 91st General
Assembly, each firefighter shall contribute to the pension fund 6.955% of
salary towards the cost of his or her pension.
(b) In addition, beginning January 1, 1976, each firefighter shall
contribute 1% of salary toward the cost of the increase in pension provided in
Section 4-109.1; beginning January 1, 1987, such contribution shall be 1.5% of
salary; beginning July 1, 2004, the contribution shall be 2.5% of salary.
(c) Beginning on the effective date of this amendatory Act of the 93rd
General Assembly, each firefighter who elects to receive a pension under
Section 4-109.3 and who has participated in
at least one other pension fund under this Article for a period of at
least one year shall contribute an additional 1.0% of salary toward the
cost of the increase in pensions provided in Section 4-109.3. In the event that
a firefighter does not elect to receive a retirement pension
provided under Section 4-109.3 from one or more of the pension funds in which the firefighter has credit, he or she shall, upon withdrawal from
the last pension fund as defined in Section 4-109.3, be entitled to receive,
from each such fund to which he or she has paid additional contributions under
this subsection (c) and from which he or she does not receive a refund under Section 4-116, a refund of those contributions without interest. A refund of total contributions to a particular firefighter pension fund under Section 4-116 shall include any refund of additional contributions paid to that fund under this subsection (c), but a firefighter who accepts a refund from a pension fund under Section 4-116 is thereafter
ineligible to receive a pension provided under Section 4-109.3 from that fund. A firefighter who meets the eligibility requirements of Section 4-109.3 may receive a pension under Section 4-109.3 from any pension fund from which the firefighter has not received a refund under Section 4-116 or under this subsection (c).
(d) "Salary" means the annual salary, including longevity, attached
to the firefighter's rank, as established by the municipality appropriation
ordinance, including any compensation for overtime which is included in the
salary so established, but excluding any "overtime pay", "holiday pay",
"bonus pay", "merit pay", or any other cash benefit not included in the
salary so established.
(e) The contributions shall be deducted and withheld from the salary
of firefighters.
(Source: P.A. 93-689, eff. 7-1-04.)
|
(40 ILCS 5/4-118.2) (from Ch. 108 1/2, par. 4-118.2)
Sec. 4-118.2.
Pick up of contributions.
A municipality may pick up
the firefighters' contributions required by Section 4-118.1 for all salary
earned after December 31, 1981. If a municipality decides not to pick up
the contributions, the required contributions shall continue to be deducted
from salary. If contributions are picked up, they shall be treated as employer
contributions in determining tax treatment under the United States Internal
Revenue Code; however, the municipality shall continue to withhold Federal
and State income taxes based upon these contributions until the Internal
Revenue Service or the Federal courts rule that pursuant to Section 414(h)
of the United States Internal Revenue Code, these contributions shall not
be included as gross income of the firefighters until such time as they
are distributed or made available. The municipality shall pay these contributions
from the same source of funds which is used to pay the salaries of firefighters.
The municipality may pick up these contributions by a reduction in the cash
salary of the firefighters or by an offset against a future salary increase
or by a combination of a reduction in salary and offset against a future
salary increase. If contributions are picked up they shall be considered
for all purposes of this Article as firefighters' contributions made prior
to the time that contributions were picked up.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-120) (from Ch. 108 1/2, par. 4-120)
Sec. 4-120.
Reserves.
The board shall establish and maintain a reserve to insure the payment
of all obligations incurred under this Article. The reserve to be accumulated
shall be equal to the estimated total actuarial requirements of the Fund.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
Sec. 4-121. Board created. There is created in each municipality or fire protection district a
board of trustees to be known as the "Board of Trustees of the Firefighters'
Pension Fund". The membership of the board for each municipality shall
be, respectively, as follows: in cities, the treasurer, clerk, marshal
or chief officer of the fire department, and the comptroller if there is
one, or if not, the mayor; in each township, village or incorporated town,
the president of the municipality's board of trustees, the village or town
clerk, village or town attorney, village or town treasurer, and the chief
officer of the fire department; and in each fire protection district, the
president and other 2 members of its board of trustees and the marshal
or chief of its fire department or service, as the case may be; and in all
the municipalities above designated 3 additional persons chosen from their
active firefighters and one other person who has retired under the Firemen's
Pension Fund Act of 1919, or this Article. Notwithstanding any provision of this Section to the contrary, the term of office of each member of a board established on or before the 3rd Monday in April, 2006 shall terminate on the 3rd Monday in April, 2006, but all incumbent members shall continue to exercise all of the powers and be subject to all of the duties of a member of the board until all the new members of the board take office. Beginning on the 3rd Monday in April, 2006, the board for each municipality or fire protection district shall consist of 5 members. Two members of the board shall be appointed by the mayor or president of the board of trustees of the municipality or fire protection district involved. Two members of the board shall be active participants of the pension fund who are elected from the active participants of the fund. One member of the board shall be a person who is retired under the Firemen's Pension Fund Act of 1919 or this Article who is elected from persons retired under the Firemen's Pension Fund Act of 1919 or this Article.
For the purposes
of this Section, a firefighter receiving a disability pension
shall be considered a retired firefighter. In the event
that there are no retired firefighters under the Fund
or if none is willing to serve on the board, then an additional active
firefighter shall be elected to the board in lieu of the
retired firefighter that would otherwise be elected.
If the regularly constituted fire department of a municipality is
dissolved and Section 4-106.1 is not applicable, the board shall continue
to exist and administer the Fund so long as there continues to be any
annuitant or deferred pensioner in the Fund. In such cases, elections
shall continue to be held as specified in this Section, except that: (1)
deferred pensioners shall be deemed to be active members for the purposes
of such elections; (2) any otherwise unfillable positions on the board,
including ex officio positions, shall be filled by election from the
remaining firefighters and deferred pensioners of the Fund, to the extent
possible; and (3) if the membership of the board falls below 3 persons, the
Illinois Director of Insurance or his designee shall be deemed a member of
the board, ex officio.
The members chosen from the active and retired
firefighters shall be elected by ballot at elections to
be held on the 3rd
Monday in April of the applicable years under the Australian ballot system,
at such place or places, in the municipality, and under such regulations
as shall be prescribed by the board.
No person shall cast more than one vote for each
candidate for whom he or she is eligible to vote. In the elections for board
members to be chosen from the active firefighters, all active
firefighters and no
others may vote. In the elections for board members to be chosen from
retired firefighters, the retired firefighters and no others may vote.
Each member of the board so elected shall hold office for a term of 3
years and until his or her successor has been duly elected and qualified.
The board shall canvass the ballots and declare which persons have been
elected and for what term
or terms respectively. In case of a tie vote between 2 or more
candidates, the board shall determine by lot which candidate or candidates
have been elected and for what term or terms respectively. In the event
of the failure, resignation, or inability to act of any board member,
a successor shall be elected for the unexpired
term at a special election called by the board and conducted
in the same manner as a
regular election.
The board shall elect annually from its members a president
and secretary.
Board members shall not receive or have any right to receive any salary
from a pension fund for services performed as board members.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/4-122) (from Ch. 108 1/2, par. 4-122)
Sec. 4-122.
Powers and duties of board.
The board shall have the powers and duties stated in Sections 4-123 through
4-129.1, in addition to the other powers and duties provided
under this Article.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-123) (from Ch. 108 1/2, par. 4-123)
Sec. 4-123. To control and manage the Pension Fund. In accordance with the
applicable provisions of Articles 1 and 1A and this Article, to control and
manage, exclusively, the following:
(1) the pension fund,
(2) until the board's investment authority is | ||
| ||
(3) all money donated, paid, assessed, or provided by | ||
| ||
All money received or collected shall be credited by the treasurer of the
municipality to the account of the pension fund and held by the treasurer of
the municipality subject to the order and control of the board. The treasurer
of the municipality shall maintain a record of all money received, transferred,
and held for the account of the board.
(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/4-123.1) (from Ch. 108 1/2, par. 4-123.1)
Sec. 4-123.1.
To subpoena witnesses.
To compel witnesses to attend
and testify before it upon all matters connected with the administration of
this Article, in the manner provided by law for the taking of testimony
before the circuit court. The president, or any member of the Board, may
administer oaths to such witnesses.
(Source: P.A. 84-1039.)
|
(40 ILCS 5/4-123.2) Sec. 4-123.2. To transfer investment authority to the Firefighters' Pension Investment Fund. As soon as practicable after the effective date of this amendatory Act of the 101st General Assembly, but no later than 30 months after the effective date of this amendatory Act of the 101st General Assembly, each transferor pension fund shall transfer, in accordance with the requirements of Section 22C-120 to the Firefighters' Pension Investment Fund created under Article 22C for management and investment all of their securities or for which commitments have been made, and all funds, assets, or moneys representing permanent or temporary investments, or cash reserves maintained for the purpose of obtaining income thereon. Upon the transfer of such securities, funds, assets, and moneys of a transferor pension fund to the Firefighters' Pension Investment Fund, the transferor pension fund shall not manage or control the same and shall no longer exercise any investment authority pursuant to Section 4-128 of this Code, notwithstanding any other provision of this Article to the contrary. Nothing in this Section prohibits a fund under this Article from maintaining an account, including an interest earning account, for the purposes of benefit payments and other reasonable expenses after the end of the transition period as defined in Section 22C-112, and funds under this Article are encouraged to consider a local bank or financial institution to provide such accounts and related financial services.
(Source: P.A. 101-610, eff. 1-1-20.) |
(40 ILCS 5/4-124) (from Ch. 108 1/2, par. 4-124)
Sec. 4-124.
To enforce contributions.
To assess each firefighter the
contributions required under Section 4-118.1. The contributions deducted
from salaries,
together with all interest
accruing thereon, shall be placed by the treasurer of the municipality
as ex officio treasurer of the board, to the credit of the pension
fund, subject to the order of the board.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-125) (from Ch. 108 1/2, par. 4-125)
Sec. 4-125.
To hear and determine applications and to order payments.
To hear and decide all applications for pensions and other
benefits under this Article and to order and direct the payment of pensions
and other benefits.
The first payment for any pension benefits shall be made not later than
one month after benefits are granted. Each such subsequent payment shall
be made not later than one month after the date of the latest payment.
Such benefits shall not be prepaid.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-126) (from Ch. 108 1/2, par. 4-126)
Sec. 4-126.
To make rules.
To make all rules and regulations necessary for the discharge of its
duties.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/4-127) (from Ch. 108 1/2, par. 4-127)
Sec. 4-127.
To pay expenses.
To provide for the payment from the fund of all necessary expenses of
the Board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/4-128) (from Ch. 108 1/2, par. 4-128)
Sec. 4-128.
To invest funds.
Beginning January 1, 1998, the board shall
invest funds in accordance with Sections 1-113.1 through 1-113.10 of this
Code.
(Source: P.A. 90-507, eff. 8-22-97.)
|
(40 ILCS 5/4-129) (from Ch. 108 1/2, par. 4-129)
Sec. 4-129.
To keep records.
To keep a record of all its meetings and proceedings.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/4-129.1) (from Ch. 108 1/2, par. 4-129.1)
Sec. 4-129.1.
To accept donations.
To accept by gift, grant, transfer
or bequest, any money, real estate or personal property. Such money and
the proceeds from the sale of or income from such real estate or personal
property shall be paid into the pension fund.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-130) (from Ch. 108 1/2, par. 4-130)
Sec. 4-130. Treasurer of the Board. The treasurer of the municipality shall be the treasurer of the board and
the custodian of the pension fund,
and shall secure and safely keep the fund's assets, subject
to the control and
direction of the board. The treasurer shall keep
books and accounts concerning the fund in such manner as may be prescribed
by the board. The books and accounts shall be subject to the inspection of the board
or any member thereof.
(Source: P.A. 102-787, eff. 5-13-22.)
|
(40 ILCS 5/4-131) (from Ch. 108 1/2, par. 4-131)
Sec. 4-131.
Warrants.
The mayor or president of the board of trustees and clerk,
secretary, or the comptroller, if there be one, and the officer or officers
of the municipality, who are authorized by law
to draw warrants
upon the treasurer of the municipality, upon request made in writing by
the board, shall draw such warrants,
payable to the treasurer of the board for all funds in the hands of the
municipality's treasurer belonging to the pension fund.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-132) (from Ch. 108 1/2, par. 4-132)
Sec. 4-132.
Disbursements.
Payments from the pension fund shall be
made by the
treasurer of the board only upon warrants signed by the president of the
board and countersigned by its secretary. No warrant
shall be drawn
except by order of the board duly entered in the records of the board's
proceedings.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-133) (from Ch. 108 1/2, par. 4-133)
Sec. 4-133.
Interest on deposits.
If the pension fund, or any part thereof, by order of the board or
otherwise, is deposited in any bank or savings and loan association,
or loaned, all interest or money which is paid or agreed to be paid
on the loan or deposit
shall become a part of the fund. No such
loan or deposit shall be made without board authorization.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-134) (from Ch. 108 1/2, par. 4-134)
Sec. 4-134. Report for tax levy. (a) The board shall report to the city council
or board of trustees of the municipality on the condition of the pension fund
at the end of its most recently completed fiscal year. The report shall
be made prior to the council or board meeting held for appropriating and
levying taxes for the year for which the report is made.
The pension board in the report shall certify and provide the following information to the city council or board of trustees of the municipality:
(1) the total assets of the fund and their current | ||
| ||
(2) the estimated receipts during the next succeeding | ||
| ||
(3) the estimated amount necessary during the fiscal | ||
| ||
(4) the total net income received from investment of | ||
| ||
(5) the increase in employer pension contributions | ||
| ||
(6) the total number of active employees who are | ||
| ||
(7) the total amount that was disbursed in benefits | ||
| ||
(8) the funded ratio of the fund; (9) the unfunded liability carried by the fund, along | ||
| ||
(10) the investment policy of the pension board under | ||
| ||
Before the pension board makes its report, the municipality shall have the assets
of the fund and
their current market value verified by an independent certified public
accountant of its choice.
(b) The municipality is authorized to publish the report submitted under this Section. This publication may be made, without limitation, by publication in a local newspaper of general circulation in the municipality or by publication on the municipality's Internet website. If the municipality publishes the report, then that publication must include all of the information submitted by the pension board under subsection (a). (Source: P.A. 95-950, eff. 8-29-08.)
|
(40 ILCS 5/4-135) (from Ch. 108 1/2, par. 4-135) Sec. 4-135. Benefits; exempt. No portion of the pension fund shall, either before or after a board's order of distribution to any retired firefighter or his or her beneficiaries, be held, seized, taken subject to, or detained or levied on by virtue of any process, injunction interlocutory or other order or judgment, or any process or proceeding whatever issued by any court of this State, for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against any firefighter or his or her beneficiaries, but the fund shall be held, secured and distributed for the purposes of pensioning such firefighter and beneficiaries and for no other purposes whatever. A pensioner, annuitant, applicant for a refund, disability beneficiary, or other beneficiary does not have the right to transfer or assign his or her pension, annuity, refund, or disability benefit, or any part thereof, by mortgage or otherwise; except that an annuitant or disability beneficiary may direct, in writing, that a monthly payment be made to an association or organization with which the annuitant or disability beneficiary or the annuitant's or disability beneficiary's surviving spouse may be affiliated by virtue of his or her fire service or for hospitalization insurance purposes. (Source: P.A. 104-196, eff. 1-1-26.) |
(40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
Sec. 4-138. Felony conviction. None of the benefits provided under this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with service as a firefighter.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the firefighter from whom the benefit results. This Section shall not impair any contract or vested right acquired prior
to July 11, 1955 under any law
continued in this Article, nor preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All persons entering service subsequent to July
11, 1955, are deemed to have consented to the provisions
of this Section as a
condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/4-138.5)
Sec. 4-138.5. Fraud. Any person, member, trustee, or employee of the board who knowingly
makes any false statement or falsifies or permits to be falsified any
record of a fund in any attempt to defraud such fund as a
result of such act, or intentionally or knowingly defrauds a fund in any manner, is guilty of a Class A misdemeanor.
(Source: P.A. 95-950, eff. 8-29-08.) |
(40 ILCS 5/4-138.10) Sec. 4-138.10. Mistake in benefit. (a) If the Fund commits a mistake by setting any benefit at an incorrect amount, it shall adjust the benefit to the correct level as soon as may be practicable after the mistake is discovered. The term "mistake" includes a clerical or administrative error executed by the Fund or participant as it relates to a benefit under this Article; however, in no case shall "mistake" include any benefit as it relates to the reasonable calculation of the benefit or aspects of the benefit based on salary, service credit, calculation or determination of a disability, date of retirement, or other factors significant to the calculation of the benefit that were reasonably understood or agreed to by the Fund at the time of retirement. (b) If the benefit was mistakenly set too low, the Fund shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid, plus interest at the rate prescribed by the Public Pension Division of the Department of Insurance from the date the unpaid amounts accrued to the date of payment. (c) If the benefit was mistakenly set too high, the Fund may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient as is indicated by the recipient. If the overpayment is recovered by deductions from the remaining benefits payable to the recipient, the monthly deduction shall not exceed 10% of the corrected monthly benefit unless otherwise indicated by the recipient. However, if (i) the amount of the benefit was mistakenly set too high, and (ii) the error was undiscovered for 3 years or longer, and (iii) the error was not the result of fraud committed by the affected participant or beneficiary, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit need not repay to the Fund the excess amounts received in error.
(Source: P.A. 98-1117, eff. 8-26-14.) |
(40 ILCS 5/4-139) (from Ch. 108 1/2, par. 4-139)
Sec. 4-139. Administrative review. Except as it relates to any time limitation to correct a mistake as provided in Section 4-138.10, the provisions of the Administrative Review Law,
and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 98-1117, eff. 8-26-14.)
|
(40 ILCS 5/4-140) (from Ch. 108 1/2, par. 4-140)
Sec. 4-140.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
Sec. 4-141. Referendum in municipalities less than 5,000. This Article shall become effective in any municipality of less than
5,000 population if the proposition to adopt
the Article is submitted to and approved by the voters of the
municipality in the manner herein provided.
Whenever the electors of the municipality equal in number to 5% of
the number of legal votes cast at the last preceding general municipal
election for mayor or president, as the case may be, petition the
corporate authorities of the municipality to submit the proposition whether that
municipality shall adopt this Article, the municipal clerk shall certify
the proposition to the proper election official who shall submit it to the
electors in accordance with the general election law at the next
succeeding regular election in the municipality. If the proposition is not
adopted at that
election, it may be submitted in like manner at any regular
election thereafter.
The proposition
shall be substantially in the following form:
Shall the city (or village orincorporated town as the case may be) YESof.... adopt Article 4 of theIllinois Pension Code, providing for a Firefighters' NOPension Fund and the levyingof an annual tax therefor?
If a majority of the votes cast on the proposition is for the proposition,
this Article is adopted in that
municipality.
(Source: P.A. 102-558, eff. 8-20-21.)
|
(40 ILCS 5/4-142) (from Ch. 108 1/2, par. 4-142)
Sec. 4-142.
Applicability of home rule powers.
A home rule
unit, as defined in Article VII of the 1970 Illinois Constitution or
any amendment thereto, shall have no power to change, alter,
or amend in any way
the provisions of this Article.
A home rule unit
which is a municipality, as defined in Section 4-103, shall not provide
for, singly or as a part of any plan or program, by any means whatsoever,
any type of retirement or annuity benefit to a firefighter
other than through
establishment of a fund as provided in this Article as now or hereafter
amended.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/4-144) (from Ch. 108 1/2, par. 4-144)
Sec. 4-144.
Savings clause.
The repeal or amendment of any Section
or provisions of this Article by this amendatory Act of 1984 shall not affect
or impair any pension, benefits, rights or credits accrued or in effect prior thereto.
(Source: P.A. 83-1440.)
|
(40 ILCS 5/Art. 5 heading) ARTICLE 5.
POLICEMEN'S ANNUITY AND BENEFIT FUND--CITIES OVER 500,000
|
(40 ILCS 5/5-101) (from Ch. 108 1/2, par. 5-101)
Sec. 5-101.
Creation of fund.
In each city of more than 500,000 inhabitants a policemen's annuity and
benefit fund shall be created and maintained for the benefit of its
policemen, their widows and children, and of all contributors to,
participants in, and beneficiaries of any police pension fund in operation,
by authority of law, in such city immediately prior to the effective date.
For the purposes of this Article, the policemen's annuity and benefit fund
may be referred to as the "fund."
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-102) (from Ch. 108 1/2, par. 5-102)
Sec. 5-102.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 5-103 to 5-120, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-103) (from Ch. 108 1/2, par. 5-103)
Sec. 5-103.
Policemen's annuity and benefit fund act of the Illinois Municipal Code.
"Policemen's Annuity and Benefit Fund Act of the Illinois Municipal
Code": Division 7 of Article 10 of the Illinois Municipal Code, being a
continuation of "An Act to provide for the creation, setting apart,
maintenance and administration of a policemen's annuity and benefit fund in
cities having a population exceeding two hundred thousand inhabitants",
approved June 29, 1921, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-104) (from Ch. 108 1/2, par. 5-104)
Sec. 5-104.
Park Policemen's Annuity Act.
"Park Policemen's Annuity Act": "An Act to provide for the creation,
setting apart, maintenance and administration of a Park Policemen's and
Retirement Board Employees' Annuity and Benefit Fund", approved June 29,
1921, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-105) (from Ch. 108 1/2, par. 5-105)
Sec. 5-105.
Park policemen's annuity fund.
"Park policemen's annuity fund": The annuity and benefit fund created
under the Park Policemen's Annuity Act.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-106) (from Ch. 108 1/2, par. 5-106)
Sec. 5-106.
Exchange of Functions Act of 1957.
"Exchange of Functions Act of 1957": "An Act in relation to an exchange
of certain functions, property and personnel among cities, and park
districts having coextensive geographic areas and populations in excess of
500,000", approved July 5, 1957.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-107) (from Ch. 108 1/2, par. 5-107)
Sec. 5-107.
Effective date.
"Effective date": January 1, 1922, for any city covered by the
"Policemen's Annuity and Benefit Fund Act of the Illinois Municipal Code"
on the date that this Article comes in effect; and January 1 of the year
following the date that any other city first comes under the provisions of
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-108) (from Ch. 108 1/2, par. 5-108)
Sec. 5-108.
Retirement board or the board.
"Retirement board" or "the board": The board of trustees of the
Policemen's Annuity and Benefit Fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-109) (from Ch. 108 1/2, par. 5-109)
Sec. 5-109.
Policeman.
"Policeman":
(a) An employee in the regularly constituted police department of a
city appointed and sworn or designated by law as a peace officer with
the title of policeman, policewoman, chief surgeon, police surgeon,
police dog catcher, police kennelman, police matron, and members of the
police force of the police department; and
(b) An employee as defined in sub-paragraph (a) immediately above
who is serving in the regularly constituted police department of a city
in a rank or position which is exempt from civil service and who,
immediately prior to the time he began such service, was a participant
in the Policemen's Annuity and Benefit Fund Act; and
(c) Any policeman of a park district transferred to the employment
of a city under the "Exchange of Functions Act of 1957".
(Source: P.A. 86-272; 86-1027.)
|
(40 ILCS 5/5-109.1) (from Ch. 108 1/2, par. 5-109.1)
Sec. 5-109.1.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and benefits applicable to male policemen and
their survivors and the contributions to be made for widows' annuities or
other benefits, shall apply with equal force to female policemen and their
survivors without any modification or distinction whatsoever.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/5-110) (from Ch. 108 1/2, par. 5-110)
Sec. 5-110.
Present employee.
"Present employee": Any person employed by a city as a policeman on the
day before the effective date, and, effective January 1, 1960, a policeman
who qualifies as a present employee under the "Park Policemen's Annuity
Act" whose employment as a policeman has been transferred to the police
service of the city as a result of the "Exchange of Functions Act of
1957".
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-111) (from Ch. 108 1/2, par. 5-111)
Sec. 5-111.
Future entrant.
"Future entrant":
(a) A person employed by a city as a policeman for the first time on or
after the effective date;
(b) A former policeman of a city who reenters the police service on or
after the effective date; and
(c) Effective January 1, 1960, a policeman who qualifies as a future
entrant under the "Park Policemen's Annuity Act", whose employment as a
policeman has been transferred to the police service of the city as a
result of the "Exchange of Functions Act of 1957".
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-112) (from Ch. 108 1/2, par. 5-112)
Sec. 5-112.
Active policeman.
"Active policeman": A person employed and receiving salary as a
policeman.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-113) (from Ch. 108 1/2, par. 5-113)
Sec. 5-113.
Act of duty.
"Act of duty": Any act of police duty inherently involving special risk,
not ordinarily assumed by a citizen in the ordinary walks of life, imposed
on a policeman by the statutes of this State or by the ordinances or police
regulations of the city in which this Article is in effect or by a special
assignment; or any act of heroism performed in the city having for its
direct purpose the saving of the life or property of a person other than
the policeman.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
Sec. 5-114.
Salary.
"Salary":
(a) Annual salary, provided that $2,600 shall be the maximum amount
of salary to be considered for any purpose under this Act prior to July
1, 1927.
(b) Annual salary, provided that $3,000 shall be the maximum amount
of salary to be considered for any purpose under this Act from July 1,
1927 to July 1, 1931.
(c) Annual salary, provided that the annual salary shall be
considered for age and service annuity, minimum annuity and disability
benefits and $3,000 shall be the maximum amount of salary to be
considered for prior service annuity, widow's annuity, widow's prior
service annuity and child's annuity from July 1, 1931 to July 1, 1933.
(d) Beginning July 1, 1933, annual salary of a policeman
appropriated for members of his rank or grade in the city's annual
budget or appropriation bill, subject to the following:
(1) For age and service annuity, minimum annuity and | ||
| ||
(2) For prior service annuity, widow's annuity, | ||
| ||
(3) When the salary appropriated is for a definite | ||
| ||
(e) For a policeman assigned to a non-civil service position as
provided in Section 5-174 from and after January 1, 1970, (with the
hereinafter stated excess not considered as salary for any purpose of
this Article for any of the years prior to 1970 except to the extent
provided by the election in Section 5-174), annual salary means the
total salary derived from appropriations applicable to the civil service
rank plus the excess over such amount paid for service in the non-civil
service position.
(f) Beginning January 1, 1998, the salary of a policeman, as calculated
under subsection (d), shall include any duty availability allowance received by
the policeman.
An active or former policeman who (1) either retired between July 1, 1994 and
December 31, 1997, both inclusive, or attained or will attain age 50 and 20
years of service between July 1, 1994 and January 1, 2002, both inclusive,
and (2) received a duty availability allowance at any time after June 30, 1994
and before January 1, 1998 may elect to have that duty availability
allowance included in the calculation of his or her salary under subsection
(d) for all or any portion of that period for which the allowance was
received, by applying in writing and paying to the Fund, no earlier than
January 1, 1998 and no later than July 1, 1998, the corresponding employee
contribution, without interest. Thereafter the City shall make its
corresponding contribution, without interest.
This subsection (f) applies without regard to
whether the applicant terminated service or began to receive a retirement
annuity before the effective date of this amendatory Act of 1997. In the case
of a person who is receiving a retirement annuity at the time the application
and contribution are received by the Fund, the annuity shall be recalculated
and the resulting increase shall become payable on the next annuity payment
date following the date the contribution is received by the Fund.
(Source: P.A. 90-551, eff. 12-12-97.)
|
(40 ILCS 5/5-115) (from Ch. 108 1/2, par. 5-115)
Sec. 5-115.
Disability.
"Disability": A condition of physical or mental incapacity to
perform any assigned duty or duties in the police service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-116) (from Ch. 108 1/2, par. 5-116)
Sec. 5-116.
Withdrawal, withdrawal from service, or withdrawn from service.
"Withdrawal", "withdrawal from service", or "withdrawn from service":
The discharge or resignation of a policeman.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-117) (from Ch. 108 1/2, par. 5-117)
Sec. 5-117.
Assets.
"Assets": The total value of cash, securities, and other property less
all liabilities. Bonds shall be valued at their amortized book value.
(Source: P.A. 78-833.)
|
(40 ILCS 5/5-118) (from Ch. 108 1/2, par. 5-118)
Sec. 5-118.
Age.
"Age": Age at last birthday preceding the date on which ascertainment of
age is necessary to any computation under this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-119) (from Ch. 108 1/2, par. 5-119)
Sec. 5-119.
Injury.
"Injury": A physical hurt resulting from external force or violence.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-120) (from Ch. 108 1/2, par. 5-120)
Sec. 5-120.
Interest.
"Interest": (a) Interest at 4% per annum for any policeman who was a
participant or a contributor to this fund on December 31, 1953; and (b)
interest at 3% per annum for any future entrant not a participant or
contributor to this fund on December 31, 1953, who becomes a participant or
contributor after December 31, 1953.
For fund accounts, credits, transfers and charges, "interest" means
interest at 4% per annum as to amounts applicable to any policeman who was
a participant or a contributor on December 31, 1953, and interest at 3% per
annum as to amounts applicable to any future entrant who was not a
participant or a contributor on December 31, 1953, but who becomes a
participant or contributor after December 31, 1953.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-121) (from Ch. 108 1/2, par. 5-121)
Sec. 5-121.
Annuity.
Prior service annuity, age and service annuity, widow's annuity and
widow's prior service annuity shall consist of equal monthly payments for
life with the first payment payable one month after the occurrence of the
event upon which payment shall depend.
Any annuitant may execute a written waiver under oath of his right to
receive any part of his annuity, to take effect upon its being filed with
the board. The amount waived shall be a permanent reduction in the annuity
payable to the annuitant. Nothing in this Section shall be deemed to
change or modify the terms and conditions of the reversionary annuity under 5-132.2.
(Source: P.A. 83-823.)
|
(40 ILCS 5/5-122) (from Ch. 108 1/2, par. 5-122)
Sec. 5-122.
Prior service annuity.
"Prior Service Annuity" shall be credited for present employees for
service rendered prior to the effective date in accordance with the
provisions of "Policemen's Annuity and Benefit Fund Act of the Illinois
Municipal Code" and this Article. Each such credit shall be improved by
interest during the time thereafter the employee is in service until his
annuity is fixed.
In determining such annuity, the annual salary for the entire period of
the employee's service prior to the effective date shall be the salary in
effect on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-123) (from Ch. 108 1/2, par. 5-123)
Sec. 5-123.
Age and service annuity.
"Age and Service Annuity" shall be provided policemen for service
rendered on or after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-124) (from Ch. 108 1/2, par. 5-124)
Sec. 5-124.
Present employees - Limitation to and amount of prior
service annuities in certain cases.
A present employee who has a credit on the effective date, for prior
service annuity, of an amount sufficient to provide annuity as of his
age on such date equal to that to which he would have had a right if employee
contributions by salary deductions and city contributions had
been made for age and service annuity during his entire period of
service until his attainment of age 57, is entitled to a prior service
annuity from the date he withdraws from service of such amount as can be
provided by his credit for prior service annuity on the effective date.
Any such present employee has no right to receive age and service
annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-125) (from Ch. 108 1/2, par. 5-125)
Sec. 5-125.
Present employees - Age 57 in service - Amount of annuity.
(a) A present employee who attains age 57 or more while in service,
having credit from sums accumulated for age and service annuity and
prior service annuity sufficient to provide annuity as of his age at
such time equal to that to which he would have had a right if
employee contributions by salary deductions and
city contributions had been made
in accordance with this Article applicable to age and service annuity
during his entire period of service until he attained age 57, is
entitled to such age and service annuity and prior service annuity when
he withdraws.
(b) A present employee who attains age 57 or more while in service
and who has not to his credit for age and service annuity and prior
service annuity the amount described in paragraph (a) above is entitled
on the date of his withdrawal to such age and service annuity and prior
service annuity as can be provided by the amount to his credit for such
annuities.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-126) (from Ch. 108 1/2, par. 5-126)
Sec. 5-126.
Present employees - Age 50 but less than 57 in
service - Age 50 out of service - Amount of annuity.
A present employee who (1) attains age 50 or more but less than 57
while in service, having 10 or more years of service at the date of
withdrawal or (2) withdraws with 10 or more years of service before age
50 and thereafter attains age 50 while out of service, is entitled to an
age and service annuity and prior service annuity from the date of
withdrawal or after attainment of age 50, respectively, in such amount
as can be provided from the total of the following:
1. If service is 20 or more years, the sum credited for age and
service annuity and prior service annuity; or
2. If service is 10 or more but less than 20 years, (a) the sum
provided for age and service annuity, (b) 1/10 of the contributions by
the city for each year of service after the first 10 years, (c) the sum
credited for prior service annuity from employee contributions and
applied to any police pension fund in operation, by authority of law, in
such city on the effective date, and (d) 1/10 of the credit for prior
service annuity, in accordance with the "Policemen's Annuity and Benefit
Fund Act of the Illinois Municipal Code", for each year of service after
the first 10 years.
The annuity provided in this section for an employee who attains age
50 out of service shall be computed as though the employee were exactly
age 50 at the time the annuity is granted, regardless of his actual age
when application for annuity is made, and no such employee has any right
to any annuity on account of any time between the date he attains age 50
and the date of application for annuity, nor shall any annuity be
payable if the employee has received a refund of contributions.
Annuity in excess of that fixed by this section shall not be granted
unless the employee re-enters the service before age 57. If such
re-entry occurs, his annuity shall be provided in accordance with this
section or section 5-125, whichever is applicable.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-127) (from Ch. 108 1/2, par. 5-127)
Sec. 5-127.
Minimum amount of annuity of present employee.
Any present employee who withdraws on or after the effective date having
at least 20 years of service and for whom the annuity otherwise provided in
this Article is less than the amount stated in this section, has a right to
annuity as follows:
(1) If he is at least age 50 on withdrawal, his annuity, from and after
such withdrawal, shall be 50% of the compensation attached to or
appropriated for the rank in the police department which he may have held
by civil service appointment on the day one year prior to the date of
withdrawal from service. Beginning July 1, 1931, the compensation to be
used shall be not less than that in effect on July 1, 1931;
(2) If he is less than age 50 on withdrawal, his annuity, beginning on
the date he becomes age 50, shall be 50% of his salary at withdrawal but
not in excess of $900 a year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-128) (from Ch. 108 1/2, par. 5-128)
Sec. 5-128.
Future entrants - amount of annuity.
When a future entrant withdraws from service,
his age and service
annuity shall be fixed as of the date of withdrawal. The
annuity shall be that provided
from the entire sum to his credit for age and service annuity on the date
he withdraws from service.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-129) (from Ch. 108 1/2, par. 5-129)
Sec. 5-129.
Future entrants - Age 50 in
service - amount of annuity.
When a future entrant who attains age 50 or more in service, having
10 or more years of service, withdraws, his age and
service annuity shall be fixed as of his age at withdrawal. He is
entitled to annuity, after withdrawal, of the amount provided from the
following sums on the date of withdrawal:
(1) If service is 20 or more years, the entire sum accumulated for
age and service annuity from employee contributions and contributions
by the city; or
(2) If service is 10 or more but less than 20 years, the sum
accumulated for age and service annuity from employee contributions,
plus 1/10 of the sum accumulated for such purpose from contributions by
the city, for each completed year of service after the first 10 years.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-129.1)
Sec. 5-129.1. Withdrawal at mandatory retirement age - amount of annuity.
(a) In lieu of any annuity provided in the other provisions of this
Article, a policeman who is required to withdraw from service on or after
January 1, 2000 due to attainment of mandatory retirement age and has at
least 10 but less
than 20 years of service credit may elect to receive an annuity equal to 30%
of average salary for the first 10 years of service plus 2% of average salary
for each completed year of service or fraction thereof in excess of 10, but
not to exceed a maximum of 48% of average salary.
(b) For the purpose of this Section, "average salary" means the average of
the highest 4 consecutive years of salary within the last 10 years of service,
or such shorter period as may be used to calculate a minimum retirement
annuity under Section 5-132.
(c) For the purpose of qualifying for the annual increases provided in
Section 5-167.1, a policeman whose retirement annuity is calculated under
this Section shall be deemed to qualify for a minimum annuity.
(d) A policeman with less than 20 years of service credit who was
required to withdraw from service on or after January 1, 2000 but before
June 28, 2002 due to attainment of mandatory retirement age is also entitled
to have his or her retirement annuity calculated in accordance with this
Section. If payment of the annuity has already begun, the annuity shall be
recalculated. The resulting increase, if any, shall accrue from the starting
date of the annuity; the amount of the increase relating to the period before
the annuity is recalculated shall be paid to the annuitant in a lump sum,
without interest.
(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
|
(40 ILCS 5/5-130) (from Ch. 108 1/2, par. 5-130)
Sec. 5-130.
Future entrants - withdrawal before age 50-Amount of annuity.
When a future entrant withdraws before age 50 after 10 or more years'
service and attains age 50 while not in service, his age and service
annuity shall be fixed as of age 50. He is entitled to an annuity, after he
attains age 50, provided from the following sums:
1. If service is 20 or more years, the sum accumulated for age and
service annuity; or
2. If service is 10 or more but less than 20 years, the sum accumulated
for age and service annuity, plus 1/10 of the sum accumulated for such
annuity from contributions by the city, for each completed year of service
after the first 10 years.
The annuity shall be computed as though the employee were exactly age 50
when the annuity is granted regardless of his actual age upon application.
No such employee has any right to annuity for any time between the date he
attains age 50 and the date he makes application, nor shall any annuity be
payable if he has received a refund of contributions which has not been
repaid.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-131) (from Ch. 108 1/2, par. 5-131)
Sec. 5-131.
Future entrants - Re-entry and new fixation.
Except as may be otherwise provided in this Article, no amount of
annuity other than that fixed in accordance with Sections 5-129 and 5-130
shall be granted to any future entrant therein described unless he
re-enters the service. If such re-entry occurs, the amount of
annuity shall again be fixed as provided herein.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-132)
(from Ch. 108 1/2, par. 5-132)
Sec. 5-132. Minimum annuity. Any policeman who withdraws on or after
July 8, 1957, or any policeman
transferred to the police service of the city under the Exchange of
Functions Act of 1957 who withdraws on or after July 17, 1959, after
completing at least 20 years of service, for whom the
annuity otherwise provided in this Article is less than that stated in this
Section has a right to receive annuity as follows:
(a) If he is age 55 or more on withdrawal, his annuity after such
withdrawal, shall be equal to 2% of the average salary for 4 consecutive
years of highest salaries within the last 10 years of service before
withdrawal, for each year of service, together with 1/6 of 1% of such
average salary for each complete month of service of each fractional year,
but not in excess of 75% of the average annual salary.
(b) If he is age 50 or more but less than age 55 on withdrawal, his
annuity shall be equal to 2% of the average salary for the 4 highest
consecutive years of the last 10 years of service for each year of service,
together with 1/16 of 1% of such average salary for each month of each
fractional year of service, reduced by 1/2 of 1% for each month that he is
less than age 55.
(c) If he is less than age 50 on withdrawal, he may, upon attainment of
age 50 or over, become entitled to the annuity provided in this Section or,
he may, upon application before age 50, receive a refund of the deductions
from salary, plus interest at 1 1/2% per annum if he is entitled to refund
under Section 5-163.
(d) In lieu of the annuity provided in the foregoing provisions of this
Section 5-132 any policeman who withdraws from the service after December
31, 1973, after having attained age 53 in the service with
23 or more years of service credit shall be entitled to an
annuity computed as follows if such annuity is greater than that provided
in the foregoing paragraphs of this Section 5-132: An annuity equal to
50% of the average salary for the 4
highest consecutive years of the last 10 years of service plus
additional annuity equal to 2% of such average salary for each completed
year of service or fraction
thereof rendered after his attainment of age 53 and the completion
of 23 years of service.
Any policeman who has completed 23 years of service prior to
his attainment of age 53 in the service and continues in the
service until his attainment of age 53 shall have added to his
annuity, computed as provided in the immediately preceding paragraph, an
additional annuity equal to 1% of such average salary for each
completed year of service or fraction thereof in excess of 23
years up to age 53.
(e) In lieu of the annuity provided in the foregoing provisions of this
Section any policeman who withdraws from the service either (i) after
December 31, 1983 with at least 22 years of service credit and having
attained age 52 in the service, or (ii) after December 31, 1984 with at
least 21 years of service credit and having attained age 51 in the service,
or (iii) after December 31, 1985 with at least 20 years of service credit
and having attained age 50 in the service, or (iv) after December 31,
1990, with at least 20 years of service credit regardless of age, shall
be entitled to an annuity to begin not earlier than upon attainment of
age 50 if under such age at withdrawal, computed as follows: an annuity
equal to 50% of the average salary for the 4 highest consecutive years of the
last 10 years of service, plus additional annuity equal to 2% of such average
salary for each completed year of service or fraction thereof rendered after
his completion of the minimum number of years of service required for him to be
eligible under this subsection (e). In lieu of any annuity provided in the
foregoing provisions of this Section, any policeman who withdraws from the
service after December 31, 2003, with at least 20 years of service credit
regardless of age, shall be entitled to an annuity to begin not earlier than
upon attainment of age 50, if under that age at withdrawal, equal to 2.5% of
the average salary for the 4 highest consecutive years of the last 10 years of
service for each completed year of service or fraction thereof. However,
the annuity provided under this subsection (e) may not exceed 75% of such
average salary.
(f) A policeman withdrawing after September 1, 1969, may, in addition, be
entitled to the benefits provided by Section 5-167.1 of this Article if he
so qualifies under that Section.
If, on withdrawal, total service is less than 20 years, the policeman
shall not be entitled to an annuity under this Section but may receive an
annuity under the other provisions of this Article or, if entitled thereto
under Section 5-163, a refund of the deductions from salary, including, in
the case of policemen transferred to the police service of the city under
the Exchange of Functions Act of 1957, the additional contribution paid on
salary received from August 1, 1957, to July 17, 1959, as provided in the
Park Policemen's Annuity Act, together with interest at 1 1/2% per annum.
Moneys voluntarily contributed under the Policemen's Annuity and Benefit
Fund Act of the Illinois Municipal Code, or the Park Policemen's Annuity
Act, shall be refunded to the contributing policemen who were in service on
January 1, 1954, or in the case of policemen transferred to the police
service of the city under the Exchange of Functions Act of 1957, who were
in service on July 17, 1959.
The age and service annuity formula in this Section shall not apply to
any policeman who, having retired before July 8, 1957, or before July 17,
1959, in the case of a policeman transferred under the provisions of the
Exchange of Functions Act of 1957, re-enters the police service after such
dates, whichever are applicable.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/5-132.2) (from Ch. 108 1/2, par. 5-132.2)
Sec. 5-132.2.
Reversionary annuity.
(a) A policeman, prior to retirement
on annuity, may elect to take a lesser amount of annuity and provide, with
the actuarial value of the amount by which his annuity is reduced, a reversionary
annuity for a wife or husband. The option may be exercised by filing
a written designation with the board prior to retirement, and may be revoked
by the policeman at any time before retirement. The death of the policeman
prior to his retirement shall automatically void the option.
(b) The death of the designated reversionary annuitant prior to the policeman's
retirement shall automatically void the option. If the reversionary annuitant
dies after the policeman's retirement and before the death of the policeman
annuitant, the reduced annuity being paid to the retired policeman annuitant
shall be increased to the amount of annuity before reduction for the reversionary
annuity and no reversionary annuity shall be payable.
The option is subject to the further condition that no reversionary annuity
shall be paid if the policeman dies before the expiration of 730 days from
the date his written designation was filed with the board, even though he has
retired and is receiving a reduced annuity.
(c) A policeman exercising this option may not reduce his annuity by more
than $200 per month, or elect to provide a reversionary annuity of less than
$50 per month.
(d) A reversionary annuity shall begin on the day following the death
of the annuitant, with the first prorated payment due and payable the first
day of the month following the date of death, and shall continue monthly
thereafter until the death of the reversionary annuitant, with the last
payment prorated to date of death.
(e) Notwithstanding the fact that a policeman has elected to receive a
reduced annuity under this Section, the increases in annuity provided in
Section 5-167.1 of this Article shall be calculated on the amount of the
original unreduced annuity.
(f) The amount of the monthly reversionary annuity shall be determined
by multiplying the amount of the monthly reduction in the policeman's annuity
by the applicable factor in the following table based on the age of the
policeman and the difference in the age of the policeman and the age of
the policeman's spouse at the starting date of the policeman's annuity.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 83-823.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(40 ILCS 5/5-133) (from Ch. 108 1/2, par. 5-133)
Sec. 5-133.
Widow's prior service annuity.
"Widow's Prior Service Annuity" shall be credited for the widow of a
male present employee for service prior to the effective date, in
accordance with the "Policemen's Annuity and Benefit Fund Act of the
Illinois Municipal Code" and this Article.
The amounts so credited shall be improved by interest at 4% per annum
during the employee's service subsequent to the effective date until he
attains age 57.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-134) (from Ch. 108 1/2, par. 5-134)
Sec. 5-134.
Widow's annuity.
"Widow's Annuity" shall be provided for the widows of policemen for
service after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-135) (from Ch. 108 1/2, par. 5-135)
Sec. 5-135.
Amount of present employee's widow's annuity on effective date.
The amount of annuity for the wife of a present employee who attains age
57 or more on or before the effective date shall be fixed on the effective
date as of the wife's age at the time the employee attained age 57. The
widow shall receive annuity, from the date of the employee's death, of such
amount as can be provided from the employee's credit for such annuity on
the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
Sec. 5-136. Widow's annuity - all employees attaining age 57 in
service. The annuity for the wife of an employee who attains age 57
in service, and who thereafter withdraws from or dies in service, shall
be fixed, in the case of a future entrant, as of her age at the date of
his withdrawal or death, whichever first occurs, and, in the case of a
present employee, as of her age when the employee withdraws from or
dies in service.
The widow is entitled to annuity from and after the employee's
death, as follows:
If the employee withdraws from service and enters upon annuity,
the annuity shall be that amount provided from his credit for widow's
annuity, and widow's prior service annuity (if a present employee), at
the time he withdraws from or dies in service after attainment of age
57, but shall not be less than 40% of the amount of annuity earned by
the employee at the time of his withdrawal from the service after his
attainment of age 57 or not less than 40% of the amount of annuity
accrued to the credit of the employee on date of his death in service
after his attainment of age 57 computed according to Section 5-132,
subject to the limitations of Section 5-148, but shall not be less
than $100 per month. If the widow is more than 5 years younger than
her husband, the 40% annuity for the widow shall be reduced to the
actuarial equivalent of her attained age, on the basis of the Combined
Annuity Table 3% interest.
The widow of a policeman who retires from service after December
31, 1975 or who dies while in service after December 31, 1975 and on
or after the date on which he becomes eligible to retire under Section
5-132 shall, if she is otherwise eligible for a widow's annuity under
this Article and if the amount determined under this paragraph is more
than the total combined amounts of her widow's annuity and widow's
prior service annuity, or the annuities provided hereinbefore in this
Section receive, in lieu of such other widow's annuity and widow's
prior service annuity, or annuities provided hereinbefore in this
Section a widow's annuity equal to 40% of the amount of annuity which her
deceased policeman husband received as of the date of his retirement on
annuity or if he dies in the service prior to retirement on annuity a
widow's annuity equal to 40% of the amount of annuity her deceased
policeman husband would have been entitled to receive if he had retired
on the day before the date of his death in the service, except that if
the age of the wife at date of retirement or the age of the widow at
date of death in the service is more than 5 years younger than her
policeman husband, the amount of such annuity shall be reduced by 1/2
of 1% for each such month and fraction thereof that she is more than
5 years younger at date of retirement or at date of death subject to
a maximum reduction of 50%. However, no annuity under this Section
shall exceed $500.00 per month.
This Section does not apply to the widow of any former policeman
who was receiving an annuity from the fund on December 31, 1975 and
who reenters service as a policeman, unless he renders at least 3
years of additional service after re-entry.
(Source: P.A. 97-813, eff. 7-13-12.)
|
(40 ILCS 5/5-136.1) (from Ch. 108 1/2, par. 5-136.1)
Sec. 5-136.1.
(a) Notwithstanding the other provisions of this
Article, the widow of a policeman (1) who retires on or after January 1, 1986,
and subsequently dies while receiving a retirement annuity, or (2) dies
on or after January 1, 1991 while receiving a retirement annuity without
regard to the date of retirement, or (3) dies after
December 31, 1985, while an active policeman with at least 1 1/2 years of
creditable service, may in lieu of any other widow's annuity have the
amount of widow's annuity calculated in accordance with this Section.
(b) If the deceased policeman was an active policeman at the time of
his death and had at least 1 1/2 years of creditable service, the widow's
annuity shall be 30% of the annual maximum salary attached to the
classified civil service position of a first class patrolman at the time of
his death. If such policeman dies on or after January 1, 1991, the
widow's annuity shall be the greater of (1) 30% of the annual maximum
salary attached to the classified civil service position of a first class
patrolman at the time of his death, or (2) 50% of the retirement annuity
the deceased policeman would have been eligible to receive if he had
retired from service on the day before his death.
This annuity is fixed at the time of the policeman's death and
does not increase. This annuity shall not be limited to the maximum dollar
amount in effect for widows' annuities at the time of the policeman's death.
(c) If the deceased policeman was receiving a retirement annuity at the
time of his death, the widow's annuity shall be equal to 40% of the
policeman's annuity at the time of the policeman's death until December
31, 1987, and 50% of such policeman's annuity thereafter. The increase in
widow's annuity provided by this amendatory Act of 1987 shall apply to all
annuities calculated under this subsection (c). This annuity
shall not be limited to the maximum dollar amount in effect for widows'
annuities at the time of the policeman's death or retirement.
(d) This Section shall in no way limit any annuity otherwise payable
under this Article.
(e) The widow's annuity of any widow of a policeman who retired on or
after January 1, 1986 and died while receiving a retirement annuity, which
was not calculated under this Section because the deceased policeman had
reached age 63 prior to January 1, 1986, shall be recalculated, effective
January 1, 1991, in accordance with the provisions of this Section,
notwithstanding Section 1-103.1.
(Source: P.A. 85-964; 86-1488.)
|
(40 ILCS 5/5-137) (from Ch. 108 1/2, par. 5-137)
Sec. 5-137.
Widow's annuity - All employees - Death in service.
The widow
of a present employee or future entrant who dies in service is entitled
to receive annuity, from the date of his death,
of the amount provided from the sums to his credit at his death for age and
service annuity, widow's annuity, and, if a present employee, prior service
annuity and widow's prior service annuity; but no part of such sums so
credited which represent contributions by the city shall be used to provide
annuity for the widow in excess of that to which she would have had a right if
the employee had lived and remained in service at final salary until age
63 or until such date as he would have retired by operation of law,
whichever is later, and the amount of annuity for his wife were then fixed. The annuity
shall be computed as of the widow's age on the date of the employee's
death.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-138) (from Ch. 108 1/2, par. 5-138)
Sec. 5-138.
Widow's annuity - All employees - Withdrawal after age 50.
The amount of widow's annuity and of widow's prior service annuity
for the wife of an employee who (1) attained age 50 or more while in service
and (2) served 10 or more years and (3)
withdraws from service, shall be fixed as of her age at the time of
withdrawal.
The annuity, payable after the date of the employee's death, shall be
such amount as can be provided from the following sums to his credit on
the date the annuity was fixed:
1. If service is 20 or more years, the entire sum credited for
widow's annuity and, for a present employee, widow's prior service
annuity, but shall not be less than $100 per month, or
2. If service is 10 or more but less than 20 years, the entire sum
credited for widow's annuity from employee contributions, plus the sum
obtained by applying 1/10 of the entire sum credited for widow's annuity
and, for a present employee, widow's prior service annuity, from
contributions by the city, for each year of service after the first 10
years.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-139) (from Ch. 108 1/2, par. 5-139)
Sec. 5-139.
Widow's annuity - All employees - Withdrawal before age 50
and death after age 50.
The widow's annuity and widow's prior service annuity for the wife of
an employee who withdraws after service of 10 or more years before age
50 and later attains such age and dies while out of service, shall be
fixed as of her age at the time the employee becomes age 50. She shall
receive annuity, from the date of the employee's death, of such amount
as can be provided from the following sums to his credit on the date the
annuity was fixed:
1. If service is 20 or more years, the sum credited for widow's
annuity and, for a present employee, widow's prior service annuity;
2. If service is 10 or more but less than 20 years, the sum credited
for widow's annuity from employee contributions, plus 1/10 of the sum
credited for widow's annuity and, for a present employee, widow's prior
service annuity, from contributions by the city, for each year of
service after the first 10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-140) (from Ch. 108 1/2, par. 5-140)
Sec. 5-140.
Widow's annuity - All employees - Withdrawal and death
before age 50.
The widow of an employee who (1) has served 10 or more years and (2)
withdraws before age 50 and (3) dies out of service before age 50 shall
receive annuity, from the date of his death, of the amount provided from
the following sums accumulated to his credit on the date of his death:
1. If service is 20 or more years, the entire sum credited for age
and service annuity, widow's annuity, and, if a present employee, prior
service annuity and widow's prior service annuity; or
2. If service is 10 or more but less than 20 years, the sum
accumulated to his credit for age and service annuity, widow's annuity,
and, if a present employee, prior service annuity from employee
contributions, plus 1/10 of the
sum credited for age and service
annuity, widow's annuity, and, for a present employee, prior service
annuity and widow's prior service annuity, from contributions by the
city, for each year of service after the first 10 years.
The annuity shall be computed as of the widow's age at the date of
the employee's death.
No part of contributions by the city shall be used to provide annuity
for a widow in excess of that which she would have had a right to
receive if the employee had lived until age 50 and had not re-entered
service and the annuity were then fixed for the widow, as of her age on
the date when her husband would have attained age 50.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-141) (from Ch. 108 1/2, par. 5-141)
Sec. 5-141.
Widow's annuity - Re-entry and new fixation.
Annuity in excess of that fixed in Sections 5-138 and 5-139 shall not
be granted to the widow of an employee described therein, unless the
employee re-enters the service, in which case the annuity for
his wife shall be fixed when he
again withdraws, as of her age when such
annuity is fixed.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-142) (from Ch. 108 1/2, par. 5-142)
Sec. 5-142.
Widow's annuity-Determination of age of widow.
Widow's annuity shall be computed as herein provided, except that the
maximum age of a widow for any annuity purposes shall not be more than 5
years less than the age of the employee.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-143) (from Ch. 108 1/2, par. 5-143)
Sec. 5-143.
Widow's annuity - Limitations after fixation.
Except as otherwise provided in this Article (a) no
employee or city contributions for widow's annuity shall be made after
such annuity has
been fixed; (b) no annuity in excess of that fixed in accordance with
this Article shall be granted; and (c) no service rendered after the
time of fixing shall be considered for widow's annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) Sec. 5-144. Death from injury in the performance of acts of duty; compensation annuity and supplemental annuity. (a) Beginning January 1, 1986, and without regard to whether or not the annuity in question began before that date, if the annuity for the widow of a policeman whose death, on or after January 1, 1940, results from injury incurred in the performance of an act or acts of duty, is not equal to the sum hereinafter stated, "compensation annuity" equal to the difference between the annuity and an amount equal to 75% of the policeman's salary attached to the position he held by certification and appointment as a result of competitive civil service examination that would ordinarily have been paid to him as though he were in active discharge of his duties shall be payable to the widow until the policeman, had he lived, would have attained age 63. The total amount of the widow's annuity and children's awards payable to the family of such policeman shall not exceed the amounts stated in Section 5-152. For the purposes of this Section only, the death of any policeman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the policeman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the policeman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a policeman contracted COVID-19 under this paragraph, the date of contraction is either the date that the policeman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. The provisions of this Section, as amended by Public Act 84-1104, including the reference to the date upon which the deceased policeman would have attained age 63, shall apply to all widows of policemen whose death occurs on or after January 1, 1940 due to injury incurred in the performance of an act of duty, regardless of whether such death occurred prior to September 17, 1969. For those widows of policemen that died prior to September 17, 1969, who became eligible for compensation annuity by the action of Public Act 84-1104, such compensation annuity shall begin and be calculated from January 1, 1986. The provisions of this amendatory Act of 1987 are intended to restate and clarify the intent of Public Act 84-1104, and do not make any substantive change. (b) Upon termination of the compensation annuity, "supplemental annuity" shall become payable to the widow, equal to the difference between the annuity for the widow and an amount equal to 75% of the annual salary (including all salary increases and longevity raises) that the policeman would have been receiving when he attained age 63 if the policeman had continued in service at the same rank (whether career service or exempt) that he last held in the police department. The increase in supplemental annuity resulting from this amendatory Act of the 92nd General Assembly applies without regard to whether the deceased policeman was in service on or after the effective date of this amendatory Act and is payable from July 1, 2002 or the date upon which the supplemental annuity begins, whichever is later. (c) Neither compensation nor supplemental annuity shall be paid unless the death of the policeman was a direct result of the injury, or the injury was of such character as to prevent him from subsequently resuming service as a policeman; nor shall compensation or supplemental annuity be paid unless the widow was the wife of the policeman when the injury occurred.(Source: P.A. 103-692, eff. 7-19-24.) |
(40 ILCS 5/5-145) (from Ch. 108 1/2, par. 5-145)
Sec. 5-145.
Minimum annuity to widow of present employee or of former policeman who
re-entered service.
If the annuity for a widow of a present employee, or of a policeman in
the police service of the city prior to but not on the day before the
effective date, who re-entered service after that date and before age 57 is
less than the amount of annuity specified in this section, the widow shall
receive the following annuity after the present employee's or policeman's
death: an amount equal to the sum produced by multiplying $30 by the number
of years of service, not in excess of 20, including his last year of
service but in no case less than 7 1/2% of his final salary.
The annuity shall be paid to the widow of a present employee or
policeman who (1) dies in service, or (2) withdraws and enters upon
annuity, or (3) has served 20 or more years and withdraws before age 50 and
dies before he enters upon annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-146) (from Ch. 108 1/2, par. 5-146)
Sec. 5-146. Wives and widows not entitled to annuities. The following wives or widows have no right to annuity from the fund:
(a) A wife or widow, married subsequent to the effective date, of a
policeman who dies in service, if the marriage occurred less than one year
prior to the policeman's death, except with respect to a policeman who dies in the performance of an act of duty, as
provided in Section 5-147 in cases where a widow
entitled to an annuity remarries after age 60, or when a widow entitled
to an annuity remarries prior to attaining age 60 and the marriage is
terminated, at any time thereafter, by dissolution of marriage, declaration
of invalidity of marriage or the death of the husband; if after an evidentiary hearing, however, the Board, at its sole discretion determines that special circumstances exist warranting payment of a widow's annuity, then and only then shall the Board have authority to grant and award the annuity that would have been otherwise available;
(b) A wife or widow of a policeman who withdraws, whether or not he
enters upon annuity, and dies out of service, if the marriage occurred
after the effective date and less than one year prior to the policeman's
death, and the widow was not his wife while he was in
service; if after an evidentiary hearing, however, the Board, at its sole discretion determines that special circumstances exist warranting payment of a widow's annuity, then and only then shall the Board have authority to grant and award the annuity that would have been otherwise available;
(c) A wife or widow of a policeman who (1) has served 10 or more
years, (2) dies out of service after he has withdrawn, and (3) has
received a refund of the sums to his credit for annuity, and such refund
has not been repaid in accordance with the other provisions of this Article;
(d) A wife or widow of a policeman who dies out of service after he
has withdrawn, and who has not served at least 10 years;
(e) A former wife of a policeman who has had a judgment of dissolution
of marriage from her policeman husband annulled, vacated or set aside by
court proceedings subsequent to the policeman's death, unless (1) the
proceedings were filed within 5 years after the date of dissolution of
marriage, and within 1 year after the policeman's death, and (2) the board
was made a party to the proceedings;
(f) A widow of a policeman who died prior to January 1, 1922, if she
had been denied a pension by the board of trustees of any police pension
fund existing in the city by operation of any other law;
(g) A widow of a policeman who has been denied a pension or annuity
by the board created by this Article and who files a petition for a
rehearing, or files a second application for annuity, unless the
petition for rehearing or second application is filed within 1 year from
the date upon which the annuity was denied by the board; provided, that
in the case of legal disability, the year of limitation
shall begin on the day after the termination of such disability.
(Source: P.A. 95-504, eff. 8-28-07.)
|
(40 ILCS 5/5-147) (from Ch. 108 1/2, par. 5-147)
Sec. 5-147. Widow's marriage to terminate annuity. (a) Beginning on the effective date of this amendatory Act of the
95th General Assembly, a widow's annuity shall no longer be subject to
termination or suspension under this Section due to remarriage. Any widow's
annuity that was previously terminated or suspended under this Section by
reason of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date of this amendatory
Act. The resumption shall not be retroactive. This subsection (a) applies
regardless of whether or not the deceased policeman was in service on or after
the effective date of this amendatory Act of the 95th General Assembly.
(b) This subsection (b) does not apply on or after the effective date of
this amendatory Act of the 95th General Assembly.
Any annuity
granted to a widow shall be suspended when she remarries, unless she
remarries after attaining age 60 or the annuity was granted under Section
5-144 and the remarriage takes place after October 31, 1989.
Except as otherwise provided by this Section, if a widow remarries before reaching
age 60, annuity payment shall be suspended, but the widow's annuity
payments shall be resumed if the subsequent marriage ends either by dissolution of
marriage, declaration of invalidity of marriage or the death of the
husband. If a widow remarries after attaining age 60, or the annuity was
granted under Section 5-144 and the remarriage takes place after June 1,
1990, regardless of whether or not the deceased policeman was in service on
or after the effective date of this amendatory Act of 1991, the widow's
annuity shall continue without interruption.
If when a widow dies she
has not received, in form of annuity, an amount equal to the accumulated
employee contributions for widow's annuity,
the difference between such accumulated contributions and the sum
received by her, along with any part of the accumulated contributions
for age and service annuity remaining in the fund at her death shall be
refunded to the policemen's children, in equal parts to each; provided,
if any child is less than age 18, such part of any such amount required
to pay annuities to such children shall be transferred to the child's
annuity reserve. If no children or descendants thereof survive the
policeman, such refund shall be paid to the estate of the policeman. In
making refunds under this Section, no interest shall be considered upon
either the total of annuity payments made or the amounts subject to
refund.
(Source: P.A. 95-504, eff. 8-28-07.)
|
(40 ILCS 5/5-147.1) (from Ch. 108 1/2, par. 5-147.1)
Sec. 5-147.1.
Widows-double annuity.
If any widow (1) receives any
annuity from the fund, and (2) after January 1, 1983 marries a policeman
who is a participant in this fund, and (3) such policeman dies and a second
widow's annuity becomes payable, the first widow's annuity provided for
such widow shall be cancelled at the time she accepts any payment of the
second widow's annuity. Any refund due because of such cancelled annuity
shall be paid to the widow.
(Source: P.A. 82-1044.)
|
(40 ILCS 5/5-148) (from Ch. 108 1/2, par. 5-148)
Sec. 5-148.
Maximum annuities.
No annuity in excess of 75% of the
highest salary considered for annuity purposes in accordance with this
Article shall be payable to a policeman, or to the widow of a policeman
whose death results from injury incurred in the performance of an act of
duty. No amount of annuity in excess of $500 per month shall be payable
to the widow of a policeman whose death results from any cause other
than injury incurred in the performance of an act of duty, except as
provided in Section 5-136.1.
If, when a policeman's annuity is fixed, there is to his credit, for
such annuity, an amount in excess of that necessary to provide an
annuity of 75% of his highest salary, 7/24 of such excess shall be
refunded if the policeman is a future entrant; and if he is a present
employee, there shall be refunded, a part of such excess amount
proportionately equal to that part of the entire amount to his credit
for such annuity purposes, which the sum that has resulted from salary
deductions bears to such entire amount.
Until January 1, 1986, if, when a widow's annuity is fixed, there is
to the policeman's
credit, for widow's annuity, an amount in excess of that necessary to
provide an annuity of $500 per month, 1/3 of such excess shall be
refunded to the policeman if he is a future entrant; and, if he is a
present employee, there shall be refunded a part of such excess amount
proportionately equal to that part of the entire amount to his credit
for such annuity purposes which the sum that has resulted from
employee contributions bears
to such entire amount. If the widow's annuity is fixed on or after
January 1, 1986, no refund of excess contributions shall be made under this paragraph.
Until January 1, 1986, if at the time of the death of a policeman
resulting from injury
incurred in the performance of an act of duty, there is to his credit,
for widow's annuity, an amount in excess of that necessary to provide an
annuity of 75% of his highest salary, or $500 per month if death results
from any other cause, 1/3 of such excess shall be refunded to his widow
if he was a future entrant; and, if he was a present employee, there
shall be refunded to his widow a part of such excess amount
proportionately equal to that part of the entire amount to his credit
for such annuity purposes which the sum that has resulted from employee's
contributions bears to such entire amount. If employee dies in service
on or after January 1, 1986, no refund of excess contributions shall be
made under this paragraph.
This amendatory Act of 1972 does not increase the amount of any
widow's annuity which is fixed before the effective date of this
amendatory Act of 1972.
(Source: P.A. 84-1104.)
|
(40 ILCS 5/5-149) (from Ch. 108 1/2, par. 5-149)
Sec. 5-149.
Mortality tables and interest rates.
(a) Any annuity fixed for or granted to a present employee or future
entrant who entered service prior to January 1, 1954, or to his widow,
shall be computed according to the American Experience Table of Mortality.
(b) Annuities for future entrants entering service after December 31,
1953, and for the widows and persons having a right to annuities or
benefits through such future entrants, shall be computed according to the
Combined Annuity Mortality Table.
(c) All sums to the credit of a policeman for annuity purposes at the
time he withdraws from service before age 50 shall be improved to his
credit thereafter by interest, while he is out of service and has not
entered upon annuity, until he attains age 57. Any annuity fixed for or
granted to present employees or future entrants who entered the service
prior to January 1, 1954, and who have not re-entered the service prior to
the time the annuity has been fixed or granted, and any annuity fixed for
or granted their widows, shall be computed according to the American
Experience Table of Mortality.
(d) The amount of widow's annuity or widow's prior service annuity which
shall be fixed for the wife of any policeman while he is alive shall be a
reversionary annuity provided from the sum to his credit for widow's
annuity or widow's prior service annuity.
(e) Interest on the annuities herein provided for policemen and their
beneficiaries shall be computed in accordance with Section 5-120.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-150) (from Ch. 108 1/2, par. 5-150)
Sec. 5-150.
Whenever the sum to a policeman's credit for annuity for him
or his widow is insufficient, at the time the amount of such annuity is
fixed, to provide a life annuity of $10 a month, a term annuity of $10 a
month shall be payable for a period of years and months to be computed from
his credits according to the actuarial tables in use by the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-151) (from Ch. 108 1/2, par. 5-151)
Sec. 5-151.
Child's annuity.
A child's annuity shall be provided for unmarried natural or adopted
children of policemen, payable monthly, from the date of the policeman
parent's death until the child's attainment of age 18 except as limited by the
provisions of Section 5-152. The first payment shall be payable one month after
the date upon which the annuity accrues.
(Source: P.A. 79-881.)
|
(40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
Sec. 5-152. Child's annuity - Conditions - Amount. A child's
annuity shall be payable in the following cases of policemen who die
on or after the effective date: (a) A policeman whose death results
from injury incurred in the performance of an act or acts of duty;
(b) a policeman who dies in service from any cause; (c) a policeman
who withdraws upon or after attainment of age 50 and who enters upon
or is eligible for annuity; (d) a present employee with at least 20
years of service who dies after withdrawal, whether or not he has
entered upon annuity.
Only one annuity shall be granted and paid for the benefit of
any child if both parents have been policemen.
The annuity shall be paid, without regard to the fact that
the death of the deceased policeman parent may have occurred prior to
the effective date of this amendatory Act of 1975, in
an amount equal to 10% of the
annual maximum salary attached to the classified civil
service position of a first class patrolman
on July 1, 1975, or the date of the policeman's death, whichever is later,
for each child while a widow or widower of the
deceased policeman survives and in
an amount equal to 15% of the annual maximum
salary attached to the classified civil service position of a first
class patrolman on July 1, 1975, or the date of the policeman's death, whichever
is later, while no widow
or widower shall survive,
provided that if the combined annuities for the widow
and children of a policeman who dies on or after September 26, 1969,
as the result of an act of duty, or for the children of such
policeman in any case wherein a widow or widower does not exist,
exceed the salary that would ordinarily have been paid to him if
he had been in the active discharge of his duties, all such annuities shall be
reduced pro rata so that the combined annuities for the family shall
not exceed such limitation. The compensation portion of the annuity
of the widow shall not be considered in making such reduction.
No age limitation in this Section or Section 5-151 shall apply to a child who is so physically or mentally handicapped as to be unable to support himself or herself. Benefits payable under this Section shall not be reduced or
terminated by reason of any child's attainment of age 18 if he is then
dependent by reason of a physical or mental disability but shall continue
to be paid as long as such dependency continues. For the purposes of this
subsection, "disability" means inability to engage in any substantial
gainful activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less
than 12 months.
In the case of a family of a policeman who dies on or after
September 26, 1969, as the result of any cause other than the performance
of an act of duty, in which annuities for such family exceed an amount
equal to 60% of the salary that would ordinarily have been paid to
him if he had been in the active discharge of his duties, all such
annuities shall be reduced pro rata so that the combined annuities shall
not exceed such limitation.
Child's annuity shall be paid to the parent providing for
the child, unless another person is appointed by a court of law as
the child's guardian.
(Source: P.A. 95-279, eff. 1-1-08; 95-504, eff. 8-28-07; 95-876, eff. 8-21-08.)
|
(40 ILCS 5/5-152.1)
Sec. 5-152.1.
Parent's annuity.
(a) A parent's annuity shall be provided for
the natural parent or parents of a policeman who dies on or after the
effective date of this amendatory Act of 1996 while (i) in active service,
(ii) disabled and in receipt of or pending receipt of a disability benefit,
(iii) on leave of absence with whole or part pay, (iv) on leave of absence
without pay during a period of not more than 3 months in the aggregate, (v)
in receipt of annuity granted after 20 years of service, or (vi) out of the
service after 20 years of service and pending receipt of annuity to which the
policeman has a right upon attainment of age 50 or more. However, the parent's
annuity is payable only if there is no surviving spouse or child entitled to
an annuity as a result of the policeman's death, and satisfactory proof is
submitted to the board that the policeman was contributing to the support of
the parent or parents at the time of death.
(b) Beginning July 1, 1997, a parent's annuity shall be available to
the natural parent or parents of a policeman who died before August 9, 1996
while (i) in active service, (ii) disabled and in receipt of or pending receipt
of a disability benefit, (iii) on leave of absence with whole or part pay, (iv)
on leave of absence without pay during a period of not more than 3 months in
the aggregate, (v) in receipt of annuity granted after 20 years of service,
or (vi) out of the service after 20 years of service and pending receipt of
annuity to which the policeman has a right upon attainment of age 50 or more.
However, the parent's annuity is payable only if there is no surviving spouse
or child entitled to an annuity as a result of the policeman's death, and
satisfactory proof is submitted to the board that the policeman was
contributing to the support of the parent or parents at the time of death.
The parent's annuity shall begin no earlier than the first day of the month
following the month in which the application for parent's annuity is received
by the Fund.
(c) The parent's annuity shall be 18% of the current annual salary
attached to the classified position held by the policeman at the time of death
or withdrawal from service for each eligible surviving parent, payable on a
monthly basis.
(Source: P.A. 89-643, eff. 8-9-96; 90-511, eff. 8-22-97.)
|
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153) Sec. 5-153. Death benefit. (a) Effective January 1, 1962, an ordinary death benefit is payable on account of any policeman in service and in receipt of salary on or after such date, which benefit is in addition to all other annuities and benefits herein provided. This benefit is payable upon death of a policeman: (1) occurring in active service while in receipt of | ||
| ||
(2) on an authorized and approved leave of absence, | ||
| ||
(3) receiving duty disability or ordinary disability | ||
| ||
(4) occurring within 60 days from the date of | ||
| ||
(5) occurring on retirement and while in receipt of | ||
| ||
(b) The ordinary death benefit is payable to such beneficiary or beneficiaries as the policeman has nominated by written direction duly signed and acknowledged before an officer authorized to take acknowledgments, and filed with the board. If no such written direction has been filed or if the designated beneficiaries do not survive the policeman, payment of the benefit shall be made to his estate. (c) Until December 31, 1977, if death occurs prior to retirement on annuity and before the policeman's attainment of age 50, the amount of the benefit payable is $6,000. If death occurs prior to retirement, at age 50 or over, the benefit of $6,000 shall be reduced $400 for each year (commencing on the policeman's attainment of age 50, and thereafter on each succeeding birthdate) that the policeman's age, at date of death, is more than age 50, but in no event below the amount of $2,000. However, if death results from injury incurred in the performance of an act or acts of duty, prior to retirement on annuity, the amount of the benefit payable is $6,000 notwithstanding the age attained. Until December 31, 1977, if the policeman's death occurs while he is in receipt of an annuity, the benefit is $2,000 if retirement was effective upon attainment of age 55 or greater. If the policeman retired at age 50 or over and before age 55, the benefit of $2,000 shall be reduced $100 for each year or fraction of a year that the policeman's age at retirement was less than age 55 to a minimum payment of $1,500. After December 31, 1977, and on or before January 1, 1986, if death occurs prior to retirement on annuity and before the policeman's attainment of age 50, the amount of the benefit payable is $7,000. If death occurs prior to retirement, at age 50 or over, the benefit of $7,000 shall be reduced $400 for each year (commencing on the policeman's attainment of age 50, and thereafter on each succeeding birthdate) that the policeman's age, at date of death, is more than age 50, but in no event below the amount of $3,000. However, if death results from injury incurred in the performance of an act or acts of duty, prior to retirement on annuity, the amount of the benefit payable is $7,000 notwithstanding the age attained. After December 31, 1977, and on or before January 1, 1986, if the policeman's death occurs while he is in receipt of an annuity, the benefit is $2,250 if retirement was effective upon attainment of age 55 or greater. If the policeman retired at age 50 or over and before age 55, the benefit of $2,250 shall be reduced $100 for each year or fraction of a year that the policeman's age at retirement was less than age 55 to a minimum payment of $1,750. After January 1, 1986, if death occurs prior to retirement on annuity and before the policeman's attainment of age 50, the amount of benefit payable is $12,000. If death occurs prior to retirement, at age 50 or over, the benefit of $12,000 shall be reduced $400 for each year (commencing on the policeman's attainment of age 50, and thereafter on each succeeding birthdate) that the policeman's age, at date of death, is more than age 50, but in no event below the amount of $6,000. However, if death results from injury in the performance of an act or acts of duty, prior to retirement on annuity, the amount of benefit payable is $12,000 notwithstanding the age attained. After January 1, 1986, if the policeman's death occurs while he is in receipt of an annuity, the benefit is $6,000. (d) For the purposes of this Section only, the death of any policeman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the policeman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the policeman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a policeman contracted COVID-19 under this subsection, the date of contraction is either the date that the policeman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. (Source: P.A. 103-692, eff. 7-19-24.) |
(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154) Sec. 5-154. Duty disability benefit; child's disability benefit. (a) An active policeman who becomes disabled on or after the effective date as the result of injury incurred on or after such date in the performance of an act of duty, has a right to receive duty disability benefit during any period of such disability for which he does not have a right to receive salary, equal to 75% of his salary, as salary is defined in this Article, at the time the disability is allowed; or in the case of a policeman on duty disability who returns to active employment at any time for a period of at least 2 years and is again disabled from the same cause or causes, 75% of his salary, as salary is defined in this Article, at the time disability is allowed; provided, however, that: (i) If the disability resulted from any physical | ||
| ||
(ii) Beginning January 1, 1996, no duty disability | ||
| ||
(iii) If the Board finds that the disability of the | ||
| ||
(b) The policeman shall also have a right to child's disability benefit of $100 per month for each unmarried child, the issue of the policeman, less than age 18, but the total amount of child's disability benefit shall not exceed 25% of his salary as defined in this Article. The increase in child's disability benefit provided by this amendatory Act of the 92nd General Assembly applies beginning January 1, 2000 to all such benefits payable on or after that date, regardless of whether the disabled policeman is in active service on or after the effective date of this amendatory Act. (c) Duty disability benefit shall be payable until the policeman becomes age 63 or would have been retired by operation of law, whichever is later, and child's disability benefit shall be paid during any such period of disability until the child attains age 18. Thereafter the policeman shall receive the annuity provided in accordance with the other provisions of this Article. (d) A policeman who suffers a heart attack during the performance and discharge of his or her duties as a policeman shall be considered injured in the performance of an act of duty and shall be eligible for all benefits that the City provides for police officers injured in the performance of an act of duty. This subsection (d) is a restatement of existing law and applies without regard to whether the policeman is in service on or after the effective date of Public Act 89-12 or this amendatory Act of 1996. (e) For the purposes of this Section only, any policeman who becomes disabled as a result of exposure to and contraction of COVID-19, as evidenced by either a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or a confirmed diagnosis of COVID-19 from a licensed medical professional, shall: (1) be rebuttably presumed to have contracted | ||
| ||
(2) be rebuttably presumed to have been injured while | ||
| ||
(3) be entitled to receive a duty disability benefit | ||
| ||
The presumption shall apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022; except that the presumption shall not apply if the policeman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a policeman contracted COVID-19 under this paragraph, the date of contraction is either the date that the policeman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. It is the intent of the General Assembly that the change made in this subsection (e) by this amendatory Act shall apply retroactively to March 9, 2020, and any policeman who has been previously denied a duty disability benefit that would otherwise be entitled to duty disability benefit under this subsection (e) shall be entitled to retroactive benefits and duty disability benefit. (Source: P.A. 103-2, eff. 5-10-23; 103-692, eff. 7-19-24.) |
(40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)
Sec. 5-154.1.
Occupational disease disability benefit.
(a) The General Assembly finds that service in the police
department requires police officers in times of stress
and danger to perform unusual tasks; that police officers are
subject to exposure to extreme heat or extreme
cold in certain seasons while performing their duties; and that these
conditions exist and arise out of or in the course of employment.
(b) Any police officer with at least 10 years of service who suffers a
heart attack or any other disabling heart disease but is not entitled to a
benefit under Section 5-154 is entitled to receive an occupational disease
disability benefit under this Section. The occupational disease disability
benefit shall be 65% of the salary attached to the rank held by the police
officer in the police service at the time of his or her removal from the police
department payroll. However, no occupational disease disability benefit that
has been payable under this Section for at least 10 years shall be less than
50% of the current salary attached from time to time to the rank held by the
police officer at the time of his or her removal from the police department
payroll.
The police officer is also entitled to a child's disability benefit of
$100 per month for each natural or legally adopted unmarried child
less than age 18 dependent upon the police officer for support. The total
child's disability benefit shall not exceed 10% of the police officer's salary
at the time of removal from the police department payroll. The increase
in child's disability benefit provided by this amendatory Act of the 92nd
General Assembly applies beginning January 1, 2000 to all such benefits payable
on or after that date, regardless of whether the disabled policeman is in
active service on or after the effective date of this amendatory Act.
The occupational disease disability benefit is payable during the period of
disability until the police officer attains age 63 or compulsory retirement
age, whichever occurs later; thereafter the police officer shall receive the
benefits provided under the other provisions of this Article. If the police
officer ceases to be disabled, the occupational disease disability benefit
shall cease.
The child's disability benefit is payable during the period of disability
until the child attains age 18 or marries, whichever event occurs first,
except that a benefit payable on account of a child under this Section shall
not be reduced or terminated by reason of the child's attainment of age 18
if he or she is then dependent by reason of a physical or mental disability,
but shall continue to be paid as long as the child's dependency and
disability continue.
(Source: P.A. 92-52, eff. 7-12-01.)
|
(40 ILCS 5/5-155) (from Ch. 108 1/2, par. 5-155)
Sec. 5-155. Ordinary disability benefit. A policeman less than age 63 who becomes disabled after the
effective date as the result of any cause other than injury incurred in
the performance of an act of duty, shall receive ordinary disability
benefit during any period or periods of disability exceeding 30 days,
for which he does not have a right to receive any part of his salary.
Payment of such benefit shall not exceed, in the aggregate, throughout the
total service of the policeman, a period equal to one-fourth of the
service rendered to the city prior to the time he became disabled, nor
more than 5 years. In computing such period of service, the time that
the policeman received ordinary disability benefit shall not be
included.
When a disabled policeman becomes age 63 or would have been retired by
operation of law, whichever is later, the disability benefit
shall cease. The policeman, if still disabled, shall thereafter receive
such annuity as is provided in accordance with other provisions of this
Article.
Ordinary disability benefit shall be 50% of the policeman's salary,
as salary is defined in this Article (including the limitation in Section 5-238 if applicable), at the time disability occurs.
Until September 1, 1969, before any payment, an amount equal to the sum
ordinarily deducted from the policeman's salary for all annuity purposes
for the period for which payment of ordinary disability benefit is made
shall be deducted from such payment and credited as a deduction from
salary for such period. Beginning September 1, 1969, the city shall also
contribute all amounts ordinarily contributed by it for annuity purposes
for the policeman as if he were in active discharge of his duties. Such
sums so credited shall be regarded, for annuity and refund purposes, as
sums contributed by the policeman.
(Source: P.A. 99-905, eff. 11-29-16.)
|
(40 ILCS 5/5-156) (from Ch. 108 1/2, par. 5-156)
Sec. 5-156.
Proof of disability - Physical
examinations. Proof of duty, occupational disease, or ordinary disability
shall be furnished to the board by at least one licensed and practicing
physician appointed by the board. In cases where the board requests an
applicant to get a second opinion, the applicant must select a physician from
a list of qualified licensed and practicing physicians who specialize in the
various medical areas related to duty injuries and illnesses, as established
by the board. The board may require other evidence of disability. A disabled
policeman who receives a duty, occupational disease, or ordinary
disability benefit shall be examined at least once a year by one or more
physicians appointed by the board. When the disability ceases, the board shall
discontinue payment of the benefit, and the policeman shall be returned to
active service.
(Source: P.A. 90-766, eff. 8-14-98.)
|
(40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
Sec. 5-157. Administration of disability benefits.
(a) If a policeman who is granted duty or ordinary disability benefit
refuses to submit to examination by a physician appointed by the board, he
shall have no further right to receive the benefit.
(b) A policeman who has withdrawn from service while disabled and
entered upon annuity prior to the effective date, and who has thereafter been
reinstated as a policeman, shall have no right to ordinary disability
benefit in excess of the amount previously received unless he serves at
least one year after such reinstatement. This provision shall apply
throughout the duration of any disability incurred by the policeman within
one year after his reinstatement resulting from any cause other than injury
incurred in the performance of an act of duty.
(c) Until the effective date of this amendatory Act of the
92nd General Assembly, a policeman who assumes regular employment
for compensation, while in receipt of ordinary or duty disability benefits,
shall not be entitled to receive any amount of such disability benefits which,
when added to his compensation for such employment during disability, would
exceed 150% of the rate of salary which would be paid to him if he were working
in his regularly appointed civil service position as a policeman. The changes
made to this Section by Public Act 90-766 are not limited to persons in service on or after the effective
date of that Act.
Beginning on the effective date of this amendatory Act of the 92nd
General Assembly, the reduction of disability benefits due to compensation for
employment previously imposed under this subsection (c) no longer applies to
any person receiving a disability benefit under this Article, without regard to
whether the person is in service on or after that date. The removal of this
limitation by this amendatory Act is not retroactive and does not entitle any
person to the restoration of amounts previously reduced or withheld under this
subsection.
(d) Disability benefit shall not be paid for any part of time for which
a disabled policeman shall receive any part of his salary.
(e) Except as herein otherwise provided, disability benefit shall not
be paid for any disability based upon or caused by any mental or physical
defect which the policeman had at the time he entered the police service.
(f) Disability benefit shall not be allowed to any policeman who
re-enters the public service in any capacity where his salary is payable in
whole or in part by taxes levied upon taxable property in the city in which
this Article is in effect, or out of special revenues of any department of the
city. The disability benefit shall be suspended during the period he is in
the public service for compensation, and shall be resumed when he withdraws
from such service.
(g) If a policeman receives any compensation as temporary total disability, permanent total disability, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in disability, any disability benefit provided to the policeman for such disability under this Article shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the disability benefit. If the amount received as compensation exceeds the amount of the disability benefit, the policeman shall not receive the disability benefit until the disability benefit payable equals the amount of the compensation received without consideration of interest. The calculation of compensation received by the policeman as provided in this Section shall not take into consideration any benefits received under the Line of Duty Compensation Act. If the widow, child or children, or parent or parents of a policeman, or any of these persons, receives any compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in the policeman's death, the annuities provided under this Article for those beneficiaries shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the annuities. If the amount received as compensation exceeds the amount of the annuities for the widow, child or children, or parent or parents, the annuities shall not be payable until the accumulated value of the annuities equals the amount of the compensation received without consideration of interest. In making the adjustment, the annuity to the widow shall first be reduced. The calculation of compensation received by the widow, child or children, or parent or parents of a policeman, or any of these persons, as provided in this Section shall not take into consideration any benefits received under the Line of Duty Compensation Act or the Public Safety Officers Benefits Act of 1976, 34 U.S.C. 10281 et seq. (h) Any disability benefit paid in violation of this Section or of this
Article shall be construed to have been paid in error, and the amounts so
paid shall be charged as a debit in the account of any person to whom the
same was paid and shall be deducted from any moneys thereafter payable to
such person out of this fund, or to the widow, heirs or estate of such
person.
(Source: P.A. 102-806, eff. 5-13-22.)
|
(40 ILCS 5/5-158) (from Ch. 108 1/2, par. 5-158)
Sec. 5-158.
Annuity after withdrawal while disabled.
A policeman whose disability continues beyond the maximum period of
eligibility for disability benefit and who withdraws while still disabled
and before age 50, shall receive annuity as can be provided from the
amounts accumulated from salary deductions and sums contributed by the city
for his retirement annuity. The annuity shall be computed as of the age of
the policeman on the date of his withdrawal.
The annuity to which the wife of any such policeman has a right from the
date of his death shall be fixed as of her age on the date of his
withdrawal. It shall be the amount provided from the total to his credit
for widow's annuity.
Upon the death of a policeman after he has entered upon annuity, any
unmarried child under age 18 shall have a right to receive annuity as
herein specified for a child of a policeman, subject to the limitations on
amounts payable to the family of a policeman.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-159) (from Ch. 108 1/2, par. 5-159)
Sec. 5-159.
Re-entry of pensioner or annuitant into service.
When
a policeman who has withdrawn after the effective date re-enters service,
any annuity previously granted to him and any annuity
fixed for his wife shall be cancelled. The policeman shall be credited
for annuity purposes with sums sufficient to provide annuities equal to
those cancelled for him and his wife, as of their respective ages on the
date of re-entrance into service.
Deductions from salary
and contributions by
the city for all purposes of this Article shall be made, and upon
subsequent retirement new annuities based upon the amount then to his
credit for annuity purposes and the entire term of his service shall be
fixed for the policeman and his wife.
If such policeman's wife, for whom annuity has been fixed prior to
his re-entrance into service, has died or her marriage to such policeman
has been dissolved or declared invalid before he re-entered service, no
part, of any sum or sums to the credit of such policeman for widow's
annuity or for widow's prior service annuity at the time annuity for
such wife was fixed shall be credited to such policeman at the time of
re-entry. No part of any such sum or sums shall be used to provide
annuity for any wife of such policeman who is his wife at any time after
his re-entry into service unless she was his wife at the time of his
withdrawal.
However, the payment of the pension or annuity shall continue if
re-entry into service is for the purpose of serving on a part time basis
as a street crossing guard.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-160) (from Ch. 108 1/2, par. 5-160)
Sec. 5-160.
Re-entry of policemen not in service on effective date.
A policeman who was not in the police service of the city on the day
prior to the effective date and who was in such service prior to that
day and who re-enters service thereafter and before age 57 shall receive
no credit for prior service and widow's prior service annuity; provided
that such service before the effective date shall be included in
computing service for age and service annuity and widow's annuity.
Deductions from salary
and contributions by the city for age and
service annuity and widow's annuity shall be made until he attains age
57.
Such policeman has a right to receive age and service annuity from
the date of his withdrawal, as of his age on such date, of the amount
provided from the credits for such annuity on such date.
The annuity to which his widow shall be entitled shall be fixed in
accordance with the provisions of this Article relating to annuities for
widows of future entrants.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-161) (from Ch. 108 1/2, par. 5-161)
Sec. 5-161.
Re-entry into service after receiving refund.
A policeman who has received a refund under this Article and who
subsequently re-enters the service and serves for a
period of 3 years may repay into this fund an amount equal to the refund,
together with interest at the applicable rate
from the date of refund to the date of repayment. If he dies in service
before the expiration of the 3 year period, his widow may repay such refunds.
If repayment is not made in full,
the board shall: (a) at the time of the policeman's retirement, refund to
him such portion of the sum previously refunded, which he has repaid; (b) in
the case of the policemen's death prior to retirement, refund to the widow
such portion of the sum previously refunded, unless within 60 days after
his death, the widow repays the full amount due. If there is no widow,
the amount shall be refunded in accordance with this Article.
(Source: P.A. 81-732.)
|
(40 ILCS 5/5-162) (from Ch. 108 1/2, par. 5-162)
Sec. 5-162.
Annuity of former policeman who re-enters service.
A policeman who was not in the police service of the city on the day
prior to the effective date, and who was in such service prior to that
date, and who re-enters the service after that date and before age 57,
and who withdraws after he has completed at least 20 years of service
(at least 5 years of which shall be subsequent to his re-entry), and who
has contributed
to this fund or to its predecessor fund, or both, for a
period of at least 20 years, and for whom the amount of annuity provided
in accordance with foregoing provisions of this Article is less than the
amount stated hereinafter in this section, shall have a right to receive
annuity as follows:
(1) If he is age 50 or more when he withdraws, his annuity, payable
from the date of withdrawal, shall be 50% of the compensation for the
rank in the police department which he held by civil service appointment
on the day one year prior to the date of withdrawal; or
(2) If he is less than age 50 when he withdraws, his annuity,
payable from the date he attains age 50, shall be 50% of his salary at
the time of withdrawal but not in excess of $900 a year.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-163) (from Ch. 108 1/2, par. 5-163)
Sec. 5-163. Refund - General. (a) A policeman, without regard to his period of service, who
withdraws before age 50, and a policeman with less than 10 years of
service who withdraws before age 57, is entitled to a refund of the
amount deducted from his salary
for age and service annuity or Tier 2 monthly retirement annuity, for automatic annual increase in annuity as provided in Section 5-167.1, and for widow's
annuity or Tier 2 surviving spouse's annuity, together with interest at 1-1/2% per year on each
deduction from the date of each deduction
until the date of his
withdrawal from the service.
(b) A policeman may receive a refund until the annuity to which he
is entitled has been fixed. Thereafter, he shall have no such right of
refund.
(c) A policeman who withdraws the amount credited to him surrenders
and forfeits all rights to any annuity or other benefit from the fund,
for himself and for any other person or persons who might otherwise have
benefited through him. The rights so forfeited shall be restored to him,
his wife or widow and his children upon full repayment as provided in
Section 5-164.
If the policeman subsequently re-enters service before age 57, and
has not so repaid in full the amounts refunded the rights forfeited
shall not be restored, but the policeman shall retain the right (which
is also secured to the widow) to have the period of service represented
by the refunds counted in the compensation of length of service, except
as otherwise provided in Section 5-164.
(d) A policeman who has served less than 10 years who has not
received a refund shall have all amounts to his credit for purposes on
the date of his withdrawal improved by interest while he is out of
service until he attains age 57, if he subsequently re-enters the
service and attains a right to annuity.
(e) If a policeman elects to make additional contribution for past
service as provided in Section 5-174 and fails to pay such contributions
in full within the time specified in said section, a refund of the
amount so paid, with interest at 1-1/2% per year, compounded annually,
shall be refunded as provided in said section.
(f) If a policeman makes contributions in accordance with the
provisions of Section 5-174(b) and subsequently returns to the position
he holds by certification and appointment as the result of competitive
civil service examination, he shall receive a refund of such
contributions, upon application therefor, together with interest at
1-1/2% per year on each such deduction from the date
it was made to the
date of refund. Application for refund must be made before the annuity
to which he has a right has been fixed.
(Source: P.A. 99-905, eff. 11-29-16.)
|
(40 ILCS 5/5-164) (from Ch. 108 1/2, par. 5-164)
Sec. 5-164.
Refund; re-entry into service; repayment of refund.
(a) A policeman who receives a refund and subsequently re-enters
service shall not thereafter become entitled to receive, nor shall his
widow or children be entitled to receive, any annuity or benefit under this
Article, unless he or his widow or children shall have repaid within one
year from July 1, 1929, or within one year from the date of re-entrance
into service after July 1, 1929, (whichever date shall apply) the amount
refunded, together with interest thereon from the date of refund to the
date such amounts are repaid. If repayment is made in full within the time
specified herein, all rights previously forfeited shall be restored; if not
such rights shall not be restored and no service credit for annuity or
disability benefit shall be allowed him or his widow for any period covered
by the refund, and the board shall refund to him or to his widow or
children, and if there be no such widow or children, then in accordance
with Section 5-167 such portion which has been repaid, together with
interest thereon to the expiration of the authorized period for the making
of such repayment. If the policeman received more than one refund, each
period during which he or his widow or children has a right to make full
repayment shall be computed separately.
(b) This Section does not limit the reestablishment of service credit
upon repayment of a refund under subsection (b) of Section 5-230.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/5-165) (from Ch. 108 1/2, par. 5-165)
Sec. 5-165.
Refund - widow's annuity contributions.
When an
unmarried policeman withdraws from service and enters upon
annuity, and when a policeman
becomes a widower while still in service, his accumulations for widow's
annuity shall then be refunded to him upon request. The widow of a
policeman who has received a refund under this Section shall have no right
to an annuity from the Fund, unless (1) the amount of the refund, plus
interest thereon from the date of refund to the date of payment, is repaid
to the Fund within one year after the date of marriage, and (2) the date of
marriage is at least one year prior to the date of death, and (3) the widow
otherwise qualifies under the terms of this Article.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-166) (from Ch. 108 1/2, par. 5-166)
Sec. 5-166.
Refund-Transfer of city contributions.
Whenever any amounts are refunded, the accumulated city contributions
shall be transferred to the prior service annuity reserve. If the amounts
refunded are repaid, the amount transferred to the prior service annuity
reserve shall be credited to the city contribution reserve for the account
of the policeman who received the refund, together with interest thereon
from the date of the refund to the date or dates of repayment.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-167) (from Ch. 108 1/2, par. 5-167)
Sec. 5-167.
Refund - Widows and children.
If the amount deducted from the salary
of a deceased policeman for
annuity purposes after the effective date has not been paid to him, and
in the case of a deceased married male policeman to him and his widow
together, in form of annuity before the death of the last of such
persons, the difference between such amount and the amount paid as
annuity or annuities, without interest upon either such amount, shall be
refunded to a surviving widow not entitled to receive an annuity under
this Article. If there is no widow, the refund shall be paid to the
children of the policeman, in equal parts, unless the policeman shall
direct in writing, sworn to before an officer authorized to administer
oaths in this State, and filed with the board before his death, that any
such amount shall be refunded to the widow or to any one or more of the
children, either or both. If any child is less than age 18, such part or
all of any such amount equal to the sum necessary to pay children's
annuities under this Article for each such child shall not be refunded,
but shall be transferred to the Child's Annuity Reserve. If there are no
children, the refund shall be payable to the executor or administrator
of the policeman's estate. If there is no executor or administrator, the
refund may be applied toward the payment of burial expenses of the
policeman, and any remainder shall be paid to his heirs who are living
immediately after the death of the widow according to the law pertaining
to the estates of deceased persons.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1) Sec. 5-167.1. Automatic increase in annuity; retirement from service after September 1, 1967. (a) A policeman who retires from service after September 1, 1967 with at least 20 years of service credit shall, upon either the first of the month following the first anniversary of his date of retirement if he is age 55 or over on that anniversary date, or upon the first of the month following his attainment of age 55 if it occurs after the first anniversary of his retirement date, have his then fixed and payable monthly annuity increased by 3% and such first fixed annuity as granted at retirement increased by an additional 3% in January of each year thereafter. Any policeman born before January 1, 1945 who qualifies for a minimum annuity and retires after September 1, 1967 but has not received the initial increase under this subsection before January 1, 1996 is entitled to receive the initial increase under this subsection on (1) January 1, 1996, (2) the first anniversary of the date of retirement, or (3) attainment of age 55, whichever occurs last. The changes to this Section made by Public Act 89-12 apply beginning January 1, 1996 and without regard to whether the policeman or annuitant terminated service before the effective date of that Act. Any policeman born before January 1, 1950 who qualifies for a minimum annuity and retires after September 1, 1967 but has not received the initial increase under this subsection before January 1, 2000 is entitled to receive the initial increase under this subsection on (1) January 1, 2000, (2) the first anniversary of the date of retirement, or (3) attainment of age 55, whichever occurs last. The changes to this Section made by this amendatory Act of the 92nd General Assembly apply without regard to whether the policeman or annuitant terminated service before the effective date of this amendatory Act. Any policeman born before January 1, 1955 who qualifies for a minimum annuity and retires after September 1, 1967 but has not received the initial increase under this subsection before January 1, 2005 is entitled to receive the initial increase under this subsection on (1) January 1, 2005, (2) the first anniversary of the date of retirement, or (3) attainment of age 55, whichever occurs last. The changes to this Section made by this amendatory Act of the 94th General Assembly apply without regard to whether the policeman or annuitant terminated service before the effective date of this amendatory Act. Any policeman born before January 1, 1966 who qualifies for a minimum annuity and retires after September 1, 1967 but has not received the initial increase under this subsection before January 1, 2017 is entitled to receive an initial increase under this subsection on (1) January 1, 2017, (2) the first anniversary of the date of retirement, or (3) attainment of age 55, whichever occurs last, in an amount equal to 3% for each complete year following the date of retirement or attainment of age 55, whichever occurs later. The changes to this subsection made by this amendatory Act of the 99th General Assembly apply without regard to whether the policeman or annuitant terminated service before the effective date of this amendatory Act. Any policeman born on or after January 1, 1966 who qualifies for a minimum annuity and retires after September 1, 1967 but has not received the initial increase under this subsection before January 1, 2023 is entitled to receive the initial increase under this subsection on (1) January 1, 2023, (2) the first anniversary of the date of retirement, or (3) attainment of age 55, whichever occurs last. The changes to this Section made by this amendatory Act of the 103rd General Assembly apply without regard to whether the policeman or annuitant terminated service before the effective date of this amendatory Act of the 103rd General Assembly. (b) Subsection (a) of this Section is not applicable to an employee receiving a term annuity. (c) To help defray the cost of such increases in annuity, there shall be deducted, beginning September 1, 1967, from each payment of salary to a policeman, 1/2 of 1% of each salary payment concurrently with and in addition to the salary deductions otherwise made for annuity purposes. The city, in addition to the contributions otherwise made by it for annuity purposes under other provisions of this Article, shall make matching contributions concurrently with such salary deductions. Each such 1/2 of 1% deduction from salary and each such contribution by the city of 1/2 of 1% of salary shall be credited to the Automatic Increase Reserve, to be used to defray the cost of the annuity increase provided by this Section. Any balance in such reserve as of the beginning of each calendar year shall be credited with interest at the rate of 3% per annum. Such deductions from salary and city contributions shall continue while the policeman is in service. The salary deductions provided in this Section are not subject to refund, except to the policeman himself, in any case in which: (i) the policeman withdraws prior to qualification for minimum annuity or Tier 2 monthly retirement annuity and applies for refund, (ii) the policeman applies for an annuity of a type that is not subject to annual increases under this Section, or (iii) a term annuity becomes payable. In such cases, the total of such salary deductions shall be refunded to the policeman, without interest, and charged to the Automatic Increase Reserve. (d) Notwithstanding any other provision of this Article, the Tier 2 monthly retirement annuity of a person who first becomes a policeman under this Article on or after the effective date of this amendatory Act of the 97th General Assembly shall be increased on the January 1 occurring either on or after (i) the attainment of age 60 or (ii) the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the annuity shall not be increased. For the purposes of this subsection (d), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds by November 1 of each year.(Source: P.A. 103-582, eff. 12-8-23.) |
(40 ILCS 5/5-167.2)
(from Ch. 108 1/2, par. 5-167.2)
Sec. 5-167.2. Retirement before September 1, 1967. A retired
policeman, qualifying for minimum annuity or who retired from service
with 20 or more years of service, before September 1, 1967, shall, in
January of the year following the year he attains the age of 65, or in
January of the year 1970, if then more than 65 years of age, have his
then fixed and payable monthly annuity increased by an amount equal to
2% of the original grant of annuity, for each year the policeman was in
receipt of annuity payments after the year in which he attains, or did
attain the age of 63. An additional 2% increase in such then fixed and
payable original granted annuity shall accrue in each January thereafter.
Beginning January 1, 1986, the rate of such increase shall be 3% instead of 2%.
The provisions of the preceding paragraph of this Section apply only to
a retired policeman eligible for such increases in his annuity who contributes
to the Fund a sum equal to $5 for each full year of credited service upon
which his annuity was computed. All such sums contributed shall be placed
in a Supplementary Payment Reserve and shall be used for the purposes of
such Fund account.
Beginning with the monthly annuity payment due in July, 1982, the fixed
and granted monthly annuity payment for any policeman who retired from the
service, before September 1, 1976, at age 50 or over with 20 or more years
of service and entitled to an annuity on January 1, 1974, shall be not less
than $400. It is the intent of the General Assembly that the change made in
this Section by this amendatory Act of 1982 shall apply retroactively to July
1, 1982.
Beginning with the monthly annuity payment due on January 1, 1986, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1986, at age 50 or over with 20 or more
years of service, or any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1986, shall be not less than $475.
Beginning with the monthly annuity payment due on January 1, 1992, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1992, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1992, shall be not less than $650.
Beginning with the monthly annuity payment due on January 1, 1993, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1993, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1993, shall be not less than $750.
Beginning with the monthly annuity payment due on January 1, 1994, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1994, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1994, shall be not less than $850.
Beginning with the monthly annuity payment due on January 1, 2004, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 2004, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
2004, shall be not less than $950.
Beginning with the monthly annuity payment due on January 1, 2005, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 2005, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
2005, shall be not less than $1,050.
Beginning with the monthly annuity payment due on January 1, 2016, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 2016, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 2016, shall be no less than 125% of the Federal Poverty Level. For purposes of this Section, the "Federal Poverty Level" shall be determined pursuant to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2). The difference in amount between the original fixed and granted monthly
annuity of any such policeman on the date of his retirement from the service
and the monthly annuity provided for in the immediately
preceding paragraph shall be paid as a supplement in the manner set forth
in the immediately following paragraph.
To defray the annual cost of the increases indicated in the preceding
part of this Section, the annual interest income accruing from
investments held by this Fund, exclusive of gains or losses on sales
or exchanges of assets during the year, over and above 4% a year shall
be used to the extent necessary and available to finance the cost of
such increases for the following year and such amount shall be
transferred as of the end of each year beginning with the year 1969 to a
Fund account designated as the Supplementary Payment Reserve from the
Interest and Investment Reserve set forth in Section 5-207.
In the event the funds in the Supplementary Payment Reserve in any year
arising from: (1) the interest income accruing in the preceding year above 4%
a year and (2) the contributions by retired persons are insufficient to
make the total payments to all persons entitled
to the annuity specified in this Section and (3) any interest
earnings over 4% a year beginning with the year 1969 which were not
previously used to finance such increases and which were transferred
to the Prior Service Annuity Reserve, may be used to the extent necessary
and available to provide sufficient funds to finance such increases
for the current year and such sums shall be transferred from the Prior
Service Annuity Reserve. In the event the total money available in
the Supplementary Payment Reserve from such sources are insufficient
to make the total payments to all persons entitled to such increases
for the year, a proportionate amount computed as the ratio of the
money available to the total of the total payments specified for that
year shall be paid to each person for that year.
The Fund shall be obligated for the payment of the increases in
annuity as provided for in this Section only to the extent that the
assets for such purpose are available.
(Source: P.A. 99-506, eff. 5-30-16.)
|
(40 ILCS 5/5-167.3) (from Ch. 108 1/2, par. 5-167.3)
Sec. 5-167.3.
Pensions to survivors of female policemen.
All provisions of this Article relating to annuities or benefits to a
widow, children or other survivors of a male policeman shall apply with
equal force to a surviving spouse, children or other survivors of a female
policeman.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
Sec. 5-167.4. Widow annuitant minimum annuity.
(a) Notwithstanding any other provision of this Article, beginning
January 1, 1996, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $700 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of 1995.
Notwithstanding any other provision of this Article, beginning
January 1, 1999, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $800 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of 1998.
Notwithstanding any other provision of this Article, beginning
January 1, 2004, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $900 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of the 93rd General Assembly.
Notwithstanding any other provision of this Article, beginning
January 1, 2005, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $1,000 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of the 93rd General Assembly.
(b) Effective January 1, 1994, the minimum amount of widow's annuity
shall be $700 per month for the following classes of widows, without regard to
whether the deceased policeman is in service on or after the effective date of
this amendatory Act of 1993: (1) the widow of a policeman who dies in service
with at least 10 years of service credit, or who dies in service after June 30,
1981; and (2) the widow of a policeman who withdraws from service with 20 or
more years of service credit and does not withdraw a refund, provided that the
widow is married to the policeman before he withdraws from service.
(b-5) Notwithstanding any other provision of this Article, beginning January 1, 2017 and until January 1, 2023, the minimum widow's annuity under this Article shall be no less than 125% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of the 99th General Assembly. Notwithstanding any other provision of this Article, beginning January 1, 2023, the minimum widow's annuity under this Article shall be no less than 150% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of the 102nd General Assembly. For purposes of this Section, "Federal Poverty Level" means the poverty guidelines applicable to an individual in a single-person household located in Illinois, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2). (c) The city, in addition to the contributions otherwise made by it
under the other provisions of this Article, shall make such contributions
as are necessary for the minimum widow's annuities provided under
this Section in the manner prescribed in Section 5-175.
(Source: P.A. 102-884, eff. 5-13-22.)
|
(40 ILCS 5/5-167.5) (from Ch. 108 1/2, par. 5-167.5)
Sec. 5-167.5. Payments to city.
(a) For the purposes of this Section, "city annuitant" means a person
receiving an age and service annuity, a widow's annuity, a child's annuity, or
a minimum annuity under this Article as a direct result of previous employment
by the City of Chicago ("the city").
(b) The board shall pay to the city, on behalf of the board's city
annuitants who participate in any of the city's health care plans, the
following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per | ||
| ||
(2) Beginning July 1, 2008 and until such time as the | ||
| ||
The payments described in this subsection shall be paid from the tax levy
authorized under Section 5-168; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the city required under this subsection shall be charged against
it.
(c) The city health care plans referred to in this Section and the board's
payments to the city under this Section are not and shall not be construed to
be pension or retirement benefits for the purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
|
(40 ILCS 5/5-168)
(from Ch. 108 1/2, par. 5-168)
Sec. 5-168. Financing.
(a) Except as expressly provided in this Section, the city shall levy a
tax annually upon all taxable property therein for the purpose of providing
revenue for the fund.
The tax shall be at a rate that will produce a sum which, when added to the
amounts deducted from the policemen's salaries and the amounts deposited in
accordance with subsection (g), is sufficient for the purposes of the fund.
For the years 1968 and 1969, the city council shall levy a tax
annually at a rate on the dollar of the assessed
valuation of all taxable property that will produce, when extended, not
to exceed $9,700,000. Beginning with the year 1970 and through 2014, the city council shall levy a tax annually at a rate on the
dollar of the assessed valuation of all taxable property that will
produce when extended an amount not to exceed the total amount of
contributions by the policemen to the Fund made in the calendar year 2
years before the year for which the applicable annual tax is levied,
multiplied by 1.40 for the tax levy year 1970; by 1.50 for the year
1971; by 1.65 for 1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for
1975 through 1981; by 2.00 for 1982 and for each tax levy year through 2014. Beginning in tax levy year 2015, the city council shall levy a tax annually at a rate on the dollar of the assessed valuation of all taxable property that will produce when extended an annual amount that is equal to no less than the amount of the city's contribution in each of the following payment years: for 2016, $420,000,000; for 2017, $464,000,000; for 2018, $500,000,000; for 2019, $557,000,000; for 2020, $579,000,000. Beginning in tax levy year 2020, the city council shall levy a tax annually at a rate on the dollar of the assessed valuation of all taxable property that will produce when extended an annual amount that is equal to no less than (1) the normal cost to the Fund, plus (2) an annual amount sufficient to bring the total assets of the Fund up to 90% of the total actuarial liabilities of the Fund by the end of fiscal year 2055, as annually updated and determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the Fund. In making these determinations, the required minimum employer contribution shall be calculated each year as a level percentage of payroll over the years remaining up to and including fiscal year 2055 and shall be determined under the entry age normal actuarial cost method. Beginning in payment year 2056, the city's total required contribution in that year and each year thereafter shall be an annual amount that is equal to no less than (1) the normal cost of the Fund, plus (2) the annual amount determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the Fund to be equal to the amount, if any, needed to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund as of the end of the year, utilizing the entry age normal cost method as provided above. For the purposes of this subsection (a), contributions by the policeman to the Fund shall not include payments made by a policeman to establish credit under Section 5-214.2 of this Code.
(a-5) For purposes of determining the required employer contribution to the Fund, the value of the Fund's assets shall be equal to the actuarial value of the Fund's assets, which shall be calculated as follows: (1) On March 30, 2011, the actuarial value of the | ||
| ||
(2) In determining the actuarial value of the Fund's | ||
| ||
(a-7) If the city fails to transmit to the Fund contributions required of it under this Article for more than 90 days after the payment of those contributions is due, the Fund shall, after giving notice to the city, certify to the State Comptroller the amounts of the delinquent payments, and the Comptroller must, beginning in fiscal year 2016, deduct and deposit into the Fund the certified amounts or a portion of those amounts from the following proportions of grants of State funds to the city: (1) in fiscal year 2016, one-third of the total | ||
| ||
(2) in fiscal year 2017, two-thirds of the total | ||
| ||
(3) in fiscal year 2018 and each fiscal year | ||
| ||
The State Comptroller may not deduct from any grants of State funds to the city more than the amount of delinquent payments certified to the State Comptroller by the Fund. (b) The tax shall be levied and collected in like manner with the
general taxes of the city, and is in addition to all other taxes which the
city is now or may hereafter be authorized to levy upon all taxable property
therein, and is exclusive of and in addition to the amount of tax the city is
now or may hereafter be authorized to levy for general purposes under any
law which may limit the amount of tax which the city may levy for general
purposes. The county clerk of the county in which the city is located, in
reducing tax levies under Section 8-3-1 of the Illinois
Municipal Code, shall not consider the tax herein authorized as a part
of the general tax levy for city purposes, and shall not include the tax
in any limitation of the percent of the assessed valuation upon which
taxes are required to be extended for the city.
(c) On or before January 10 of each year, the board shall notify the
city council of the requirement that the tax herein authorized be levied by
the city council for that current year. The board shall compute the
amounts necessary for the purposes of this fund to be credited to the
reserves established and maintained within the fund; shall make an
annual determination of the amount of the required city contributions;
and shall certify the results thereof to the city council.
As soon as any revenue derived from the tax is collected it shall be
paid to the city treasurer of the city and shall be held by him for the
benefit of the fund in accordance with this Article.
(d) If the funds available are insufficient during any year to meet the
requirements of this Article, the city may issue tax anticipation warrants
against the tax levy for the current fiscal year.
(e) The various sums, including interest, to be contributed by the city,
shall be taken from the revenue derived from such tax or otherwise as expressly
provided in this Section. Any moneys of the city derived from any source other
than the tax herein authorized shall not be used for any purpose of the fund
nor the cost of administration thereof, unless applied to make the deposit
expressly authorized in this Section
or the additional city contributions required under subsection (h).
(f) If it is not possible or practicable for the city to make its
contributions at the time that salary deductions are made, the city
shall make such contributions as soon as possible thereafter, with
interest thereon to the time it is made.
(g) In lieu of levying all or a portion of the tax required under this
Section in any year, the city may deposit with the city treasurer no later than
March 1 of that year for the benefit of the fund, to be held in accordance with
this Article, an amount that, together with the taxes levied under this Section
for that year, is not less than the amount of the city contributions for that
year as certified by the board to the city council. The deposit may be derived
from any source legally available for that purpose, including, but not limited
to, the proceeds of city borrowings. The making of a deposit shall satisfy
fully the requirements of this Section for that year to the extent of the
amounts so deposited. Amounts deposited under this subsection may be used by
the fund for any of the purposes for which the proceeds of the tax levied under
this Section may be used, including the payment of any amount that is otherwise
required by this Article to be paid from the proceeds of that tax.
(h) In addition to the contributions required under the other provisions
of this Article, by November 1 of the following specified years, the city shall
deposit with the city treasurer for the benefit of the fund, to be held and
used in accordance with this Article, the following specified amounts:
$6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
$5,040,000 in 2002; and
$4,620,000 in 2003.
The additional city contributions required under this subsection are
intended to decrease the unfunded liability of the fund and shall not decrease
the amount of the city contributions required under the other provisions of
this Article. The additional city contributions made under this subsection
may be used by the fund for any of its lawful purposes.
(i) Any proceeds received by the city in relation to the operation of a casino or casinos within the city shall be expended by the city for payment to the Policemen's Annuity and Benefit Fund of Chicago to satisfy the city contribution obligation in any year. (Source: P.A. 99-506, eff. 5-30-16.)
|
(40 ILCS 5/5-168.1) (from Ch. 108 1/2, par. 5-168.1)
Sec. 5-168.1.
The employer may pick up the employee contributions required
by Sections 5-167.1, 5-169, 5-170, 5-171 and 5-175.1
for salary earned after December 31, 1981. If employee contributions
are not picked up, the amount that would have been
picked up under this amendatory Act of 1980 shall continue
to be deducted from salary. If employee contributions
are picked up they shall be treated as employer
contributions in determining tax treatment under the United States Internal
Revenue Code; however, the employer shall continue to withhold Federal and
state income taxes based upon these contributions until the Internal Revenue
Service
or the Federal courts rule that pursuant to Section 414(h) of the United
States Internal Revenue Code, these contributions shall not be included
as gross income of the employee until such time as they are distributed
or made available. The employer shall pay these employee contributions
from the same source of funds which is used in paying salary
to the employee. The employer may pick up these contributions by a reduction
in the cash salary of the employee or by an offset against a future salary
increase
or by a combination of a reduction in salary and offset against a future
salary increase. If employee contributions are picked up they shall be
treated for all purposes of this Article 5, including Section 5-168, in
the same manner and to the same extent as employee contributions made prior
to the date picked up.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(40 ILCS 5/5-168.2) Sec. 5-168.2. Funding obligation. (a) Beginning January 1, 2016, the city shall be obligated to contribute to the Fund in
each fiscal year an amount not less than the amount determined annually under subsection (a) of Section 5-168 of this Code. Notwithstanding any other provision of law, if the city fails to pay the amount guaranteed under this Section on or before December 31 of the year in which such amount is due, the Fund may bring a mandamus action in the Circuit Court of Cook County to compel the city to make the required payment, irrespective of other remedies that may be available to the Fund. The obligations and causes of action created under this Section shall be in addition to any other right or remedy otherwise accorded by common law or State or federal law, and nothing in this Section shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy. (b) In ordering the city to make the required payment, the court may order a reasonable
payment schedule to enable the city to make the required payment without significantly imperilling the public health, safety, or welfare. Any payments required to be made by the city pursuant to this Section are expressly subordinated to the payment of the principal, interest, premium, if any, and other payments on or related to any bonded debt obligation of the city, either currently outstanding or to be issued, for which the source of repayment or security thereon is derived directly or indirectly from any funds collected or received by the city. Payments on such bonded obligations include any statutory fund transfers or other prefunding mechanisms or formulas set forth, now or hereafter, in State law, city ordinance, or bond indentures, into debt service funds or accounts of the city related to such bonded obligations, consistent with the payment schedules associated with such obligations.
(Source: P.A. 99-506, eff. 5-30-16.) |
(40 ILCS 5/5-169) (from Ch. 108 1/2, par. 5-169)
Sec. 5-169. Contributions for age and service annuities or Tier 2 monthly retirement annuities for present employees and
future entrants. (a) Beginning on the effective date and before January 1, 1954, 3 1/2% per
annum (except that beginning July 1, 1939 and before January 1, 1954 for a
future entrant, 4%) and beginning January 1, 1954 and before August 1,
1957, 6%, and beginning August 1, 1957, 7% of each payment of the salary of
each present employee and future entrant shall be deducted and contributed
to the fund for age and service annuity or Tier 2 monthly retirement annuity. The deductions shall be made from
each payment of salary and shall continue while the employee is in service.
Any policeman whose employment has been transferred to the police
service of the city as a result of "An Act in relation to or exchange of
certain functions, property and personnel among cities, and park districts
having co-extensive geographic areas and populations in excess of 500,000",
approved July 5, 1957, as now and hereafter amended, shall also contribute
a sum equal to 2% of the total salary received by him in his employment
between August 1, 1957 to July 17, 1959, with the park district from which
he has been transferred together with interest on the unpaid contributions
of 4% per annum from July 17, 1959 to the date such payments are made. Such
additional sum may be paid at any time before the time such policeman
enters into age and service annuity.
Concurrently with each such deduction, beginning on the effective date
and prior to January 1, 1954, 8 1/2% (except for a future entrant beginning
on July 1, 1939, 9 5/7%) and beginning January 1, 1954, 9 5/7% of each
payment of salary shall be contributed by the city, but
in the case of a future entrant who attains age 63 prior to January 1,
1988 while still in service, no contributions shall be made for the period
between the date the employee attains age 63 and January 1, 1988.
(b) Each deduction from salary made prior to the date the age and service
annuity for the employee is fixed, and each contribution by the city, shall
be credited to the employee and be improved by interest for a present
employee during the time he is in service until age and service annuity is
fixed, and, for a future entrant, during the time he is in service. The
sum accumulated shall be used to provide age and
service annuity for the employee.
Beginning September 1, 1967, the deductions from salary provided in
Section 5-167.1 shall also be made.
(Source: P.A. 99-905, eff. 11-29-16.)
|
(40 ILCS 5/5-170) (from Ch. 108 1/2, par. 5-170)
Sec. 5-170. Contributions for widow's annuities and Tier 2 surviving spouse's annuity. Beginning on the effective date 1%, and
beginning January 1, 1976, 1-1/2% of
the salary of each male present employee and future entrant shall be deducted
and contributed to the fund for
widow's annuity or Tier 2 surviving spouse's annuity; however,
in the case of a future entrant who attains age 63 prior to January 1,
1988 while still in service, no deductions shall be made for the period
between the date the employee attains age 63 and January 1, 1988.
The deductions shall be made from each payment of
salary and shall continue during the employee's service.
An employee in the service and over age 57 on the effective date
of this amendatory Act of 1969 shall have the option of contributing
1% of salary together with the
effective rate of interest for service rendered by him subsequent to
his attainment of age 57 and prior to such effective date. If such
retroactive contributions are made the wife or widow shall be entitled
to the widow's annuity provided in Section 5-136.
Concurrently with each such deduction, the city shall contribute
2% of each such payment of salary.
Each deduction from salary and contribution by the city shall be
allocated to the account of and credited to the employee. The amount
so credited shall be improved at the applicable rate of interest; except
that in the case of an employee who attains age 63 prior to January 1, 1988
while still in service, no interest shall be credited between the date the
employee attains age 63 and January 1, 1988.
(Source: P.A. 99-905, eff. 11-29-16.)
|
(40 ILCS 5/5-171) (from Ch. 108 1/2, par. 5-171)
Sec. 5-171.
Contributions for death benefit.
To defray the cost of the ordinary death benefit, each policeman in
service on or after January 1, 1962, shall make contributions in addition
to the contributions otherwise provided in this Article, in the amount of
$2.50 per monthly period. This contribution shall begin with the first pay
period accruing after January 1, 1962, and shall be deducted from the
salary of each policeman at the same time and with the same frequency as
deductions are made for the other purposes of this Article.
Contributions towards this benefit shall be made only when the policeman
is in active service and in receipt of salary. Policemen in receipt of
disability benefits, and policemen in receipt of annuities whose retirement
occurred on or after January 1, 1962, shall not be required to make
contributions during such period of disability or retirement.
The city, through the tax levy prescribed in Section 5-168 hereof,
shall contribute annually the sum of $224,000. This amount shall be
credited each year to the death benefit reserve and a credit for the amount
aforesaid from each tax levy beginning with the year 1962 shall be made to
this reserve notwithstanding the requirements from such tax levy for all
other purposes of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-172) (from Ch. 108 1/2, par. 5-172)
Sec. 5-172.
Contributions by city for duty and occupational disease
disability benefits and supplemental annuity. In lieu of salary deductions
for annuity purposes, the city shall contribute the required amounts for any
period during which a policeman receives a duty disability benefit or
occupational disease disability benefit. The contributions shall be credited
to the disabled policeman and shall be regarded for all purposes hereof as sums
deducted from his salary.
The city shall also contribute all amounts ordinarily contributed by
it for annuity purposes for the policeman as though he were in active
discharge of his duties during such disability.
To provide supplemental annuity, the city shall contribute such equal
sums annually, from the date of the policeman's death, which if improved
by interest will be sufficient, when payment of compensation annuity
ceases, to provide supplemental annuity to the widow for life.
(Source: P.A. 90-766, eff. 8-14-98.)
|
(40 ILCS 5/5-173) (from Ch. 108 1/2, par. 5-173)
Sec. 5-173.
Contributions by city for ordinary disability benefits.
The city shall contribute all amounts ordinarily contributed by it for
annuity purposes for a disabled policeman receiving ordinary disability
benefit as though he were in active discharge of his duties.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-174) (from Ch. 108 1/2, par. 5-174)
Sec. 5-174. Contributions in case of certain employments in police
department.
(a) Whenever a policeman is assigned to a position in the police
department other than the position he holds by certification and
appointment as a result of competitive civil service examination, there
shall be deducted from his salary the amount which would have been
deducted had he continued in his civil service position. If such
deductions are not made, the policeman may pay such amount direct to the
fund and shall be credited with the corresponding city contributions, to
the end that he may retain all rights he otherwise would have had were
his employment continuous in his civil service position; provided, that
any such amount not so deducted from his salary nor paid by him shall be
deducted from the earliest possible and practicable payment of salary
due and payable to him, or from any annuity, benefit or refund payable
to him or on his account. The policeman shall receive credit for such
employment as service for all purposes of this Article.
(b) From and after January 1, 1970, in lieu of the provisions of the
preceding paragraph (a) of this Section, any policeman serving in a
non-civil service position in the police department shall have salary
deductions
made for age and service annuity and widow's annuity on
salary as defined in Section 5-114(e).
Any active policeman serving in a non-civil service position on the
effective date of this amendatory Act may elect, prior to January 1,
1970, to contribute directly to the fund for age and service and widow's
annuity on salary received in excess of that provided for in his civil
service rank for police service rendered in a non-civil service position
prior to the operative date of his election. Such election shall be
exercised prior to January 1, 1974, by a policeman in service on such
effective date or within 6 months prior to such date. Any policeman in
service not serving in a non-civil service position on the effective
date of this amendatory Act who is subsequently assigned and serving in
a non-civil service position may make like election within 6 months
after such assignment. Contributions for such past service shall include
interest at the applicable rate to the end that the contributions shall
equal the amount that would have been credited to the policeman had
deductions been made
from such excess salary for such service. For such
contributions the policeman shall be credited with the corresponding
city contributions with interest for all annuity purposes at the rates
in effect at the time the service was rendered.
Contributions for past service, if elected, shall be made for the
entire period of service and for the total amount of the excess salary
and no credit shall be granted or payment permitted for any part of such
service or excess salary. Payment of contributions on such past service
shall be completed within 3 years of the date of election and in any
event before death or retirement. If not paid in full within such
period, or before death, no credit shall be granted thereon, and the
sums so paid, with interest at the rate of 1 1/2% per year, compounded
annually, shall be refunded to the policeman, or his surviving widow or
children, or if there are no such survivors, then in accordance with
Section 5-167, provided, however, that if the repayment has not been
made in full before death, his widow shall have the option of completing
such payment within 60 days from the date of his death.
A policeman assigned to a non-civil service position within 3 years
of the date of his reaching compulsory retirement age or within 3 years
of retirement at his own option, whichever is earlier, shall not qualify
for the benefits authorized herein. The limitation contained in this
paragraph shall not apply to a policeman assigned to a non-civil service
position whose retirement from active service is caused by duty
disability. Beginning January 1, 2000, the limitation contained in this
paragraph shall not apply to a policeman assigned to a non-civil service
position with the title of Captain. A policeman who has made contributions as provided by this
Section but who fails to qualify for the benefits due to the limitation
of this paragraph is entitled to refund of said contributions, upon
application therefor, according to the provisions of Section 5-163(f).
In no event shall the provisions of this or any other Section of this
Article, allowing payment for or granting credit on salary received in
excess of that provided for his civil service rank or position be
applicable in the case of any former policeman who is receiving annuity
from this fund who subsequently re-enters service as a policeman.
(Source: P.A. 94-624, eff. 8-18-05.)
|
(40 ILCS 5/5-175) (from Ch. 108 1/2, par. 5-175)
Sec. 5-175.
Contributions by city for prior service annuities and pensions under former
acts.
Each city shall contribute annually, from the sum produced by the tax
levy herein authorized, all sums required for the purposes of this Article
other than those stated in this Section. The balance of the sum produced by
the tax levy shall be applied: (a) For the payment of prior service
annuities and widow's prior service annuities, and all annuities, pensions
and benefits which have been or which shall be allowed under "An Act to
provide for the setting apart, formation and disbursements of a police
pension fund in cities having a population exceeding two hundred thousand
inhabitants", approved June 29, 1915, as amended; also for the purpose of
paying that part of any annuity for which reserves from contributions by
the policeman and the city are not provided under this Article, including
that part of the annuity described in Section 5-127, 5-132, 5-136, 5-145,
and 5-167 and 5-167.4 for which monies are not provided in this Article, and to make
possible the transfer of reserves from the investment and interest reserve
to other reserves of the fund, as provided in this Article.
(b) Amounts contributed by the city for the purposes of this section
shall be credited to the prior service annuity reserve. When the balance of
that reserve equals the liabilities chargeable thereto (including in
addition to all other liabilities of such reserve, the present value,
according to the American Experience Table of Mortality, and interest at
the rate of 4% per annum, or according to the Combined Annuity Mortality
Table and interest at the rate of 4% per annum, whichever is applicable, of
all annuities present or prospective, chargeable to the prior service
annuity reserve) the city shall cease to contribute the sum no longer
required for the purposes indicated in paragraph (a) of this section;
provided, if at any time the balance of the investment and interest reserve
is not sufficient to permit a transfer from such reserve to any other
reserve of the fund, in accordance with the provisions of this Article, the
city shall, as soon as possible and practicable thereafter, contribute sums
sufficient to make possible such transfer.
(c) If by reason of annexation of territory and the employment by the
city of any policeman then employed in the annexed territory, after the
city has ceased to make contributions under this section, contributions to
provide prior service and widow's prior service annuity for such policeman
become necessary for such purposes, the city shall, as soon as possible and
practicable thereafter, contribute sums sufficient to provide such annuities.
(Source: P.A. 82-342.)
|
(40 ILCS 5/5-175.1) (from Ch. 108 1/2, par. 5-175.1)
Sec. 5-175.1.
Contributions by female policemen.
(a) Effective as of October 1, 1974, female policemen shall make the
same contributions for survivors' annuities
or other benefits as are in
effect for male policemen, to the end that no distinction or difference
shall exist as between male and female policemen with respect to rates
of contribution or other provisions of this Article.
(b) Any female policeman shall have the option of making
contributions for the aforesaid purposes, covering the period prior to
October 1, 1974, and receiving pension credits therefor including
concurrent credits from city contributions. Such contributions shall
include interest at 4% per annum from the dates such contributions
should have been made from the beginning of their service to the dates
of payment to the end that equal pension credits for survivors' benefits
may be provided for all policemen under this Article.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-176) (from Ch. 108 1/2, par. 5-176)
Sec. 5-176.
Cost of administration.
The city shall contribute the entire costs of administration of the fund
from revenue derived from the taxes authorized to be levied for the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-177) (from Ch. 108 1/2, par. 5-177)
Sec. 5-177.
Other city contributions-Estimates.
The board shall estimate the amounts required each year to be
contributed by the city to pay all annuities and benefits hereunder and
administrative expenses. All amounts shall be paid annually by the city
into the fund from taxes levied and collected for the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-178) (from Ch. 108 1/2, par. 5-178)
Sec. 5-178. Board created. A board of 8 members shall
constitute a board of trustees authorized to administer the provisions of
this Article. The board shall be known as the Retirement Board of the
Policemen's Annuity and Benefit Fund of the city.
The board shall consist of 4 persons appointed by
the mayor of the city; 3 policemen employed by the city, at least one of
whom shall be a lieutenant or of a rank superior to lieutenant, one of whom
shall be of the rank of sergeant, and one of whom shall be of the rank of
investigator or a rank inferior to that rank; and one
annuitant of the fund, or a pensioner of any prior police pension fund
in operation, by authority of law, in the city. Children less than age
18 shall not be eligible for board membership. The term of office for
all members shall be 3 years. For the election to be held in 2008 only, the terms for the member who is a lieutenant or of a rank superior to lieutenant and the member who is a sergeant shall be 3 years and the terms for the member who is an investigator or a rank inferior to that rank and the annuitant member shall be 4 years. After the terms of the 2008 election are completed, the terms revert to 3-year terms for each elected trustee. Upon his election, the member holding the
rank of investigator or a rank inferior to that rank shall be detailed by
the Police Superintendent to the office of the board for the duration of
his term as trustee.
The members of a retirement board holding office in a city at the
time this Article becomes effective, including elected, appointed and
ex-officio members, shall continue in office until the expiration of
their respective terms or appointment and until their respective
successors are elected or appointed, and qualified.
At least 30 days prior to the expiration of the term of office of
each appointive member the mayor shall appoint a successor for a term of
3 years.
The board shall conduct a regular election at least 30 days prior to
the expiration of the terms of the active policemen members and
annuitant or beneficiary members for election of a successor of each
such member for a term of 3 years.
Any member of the board so appointed or elected shall continue in
office until his successor is selected and has qualified.
Any person so appointed or elected shall qualify by taking an oath of
office. A copy thereof shall be kept in the office of the city clerk of
the city.
(Source: P.A. 95-1036, eff. 2-17-09.)
|
(40 ILCS 5/5-179) (from Ch. 108 1/2, par. 5-179)
Sec. 5-179.
Board elections.
The regular elections for members of the
board shall be held under rules of the board at least 30 days prior to the
expiration of the term of office of any elective member.
At any election for active policemen members, all such policemen of the
appropriate rank employed by the city when the election is held have a right
to vote for members of the board of the same class of rank.
At any election for the pensioner or annuitant member, all annuitants and
pensioners (except children less than age 18) and the legal guardian of
any child annuitant or child pensioner, whose mother or stepmother is not
an annuitant or pensioner of the fund, shall have a right to vote.
Ballots to be cast in such elections shall be of a secret character.
(Source: P.A. 80-671.)
|
(40 ILCS 5/5-180) (from Ch. 108 1/2, par. 5-180)
Sec. 5-180.
Board vacancy, removal and recall.
A vacancy on the board owing to death, resignation or any other cause
shall be filled as follows: If the vacancy is of an appointee of the mayor,
the mayor shall appoint a person to serve for the remainder of the
unexpired term. If the vacancy is of an active policeman member, or a
pensioner or annuitant member, the successor shall be elected to serve
during the remainder of the unexpired term, at a special election which
shall be held by the board within 30 days from the date the vacancy occurs.
The election shall be conducted in the same manner as the regular triennial
election herein provided for.
The appointive members of the board may be removed from office by the
mayor. Any member elected by the active policemen who withdraws from the
police service of the city shall automatically cease to be a member of the
board.
Any elective member of the board shall be subject to recall as follows:
If not less than 60% of the active policemen contributors to the fund, or
not less than 60% of the pensioners and annuitants (minors under age 18
excepted), petition the board in writing to declare vacant the membership
of an active policeman member or pensioner or annuitant, as the case may
be, respectively, the board, within 15 days after receipt of the petition
shall declare such membership vacant. A member of the board is not subject
to recall more than once in any calendar year nor within one year after a
previous recall.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-181) (from Ch. 108 1/2, par. 5-181)
Sec. 5-181.
Board officers.
At each regular meeting in December, the board shall elect, by a
majority vote of the members who vote upon the question, a president, a
vice-president and a secretary from among its own members to serve until
the next regular December meeting and until their successors are elected.
The secretary shall make a complete record of the proceedings of all
meetings of the board and perform such other duties as the board directs.
The secretary shall be chosen from the active policemen members of the
board, and following his election shall, at the request of the board, be
detailed to the office of the board by the head of the police department of
the city as an active policeman assigned to such duty.
(Source: Laws 1965, p. 1080.)
|
(40 ILCS 5/5-182) (from Ch. 108 1/2, par. 5-182)
Sec. 5-182.
Board meetings.
The board shall hold regular meetings in each month and such other
meetings as it deems necessary. A majority of the board members shall
constitute a quorum for the transaction of business at any meeting;
provided, that no pension, annuity, or benefit shall be allowed or granted
and no money shall be paid out of the fund unless ordered by a vote of the
majority of the members of the board as shown by roll call entered upon the
official record of proceedings of the meeting at which such action is
taken. All board meetings shall be open to the public.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-183) (from Ch. 108 1/2, par. 5-183)
Sec. 5-183.
Board powers and duties.
The board shall have the powers and duties stated in Sections 5-184 to
5-195, inclusive, in addition to the other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-184) (from Ch. 108 1/2, par. 5-184)
Sec. 5-184.
To supervise deductions and contributions.
To see that all amounts specified in this Article to be applied to
the fund, from any source, are collected and so applied; to see that the
sums to be deducted from the salaries
of policemen are deducted and paid
into the fund, and that the sums to be contributed by the city are so
contributed and received into the fund, and that all interest upon
moneys due the fund and all other moneys which accrue to the fund are
collected and paid into it.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-185) (from Ch. 108 1/2, par. 5-185)
Sec. 5-185.
To notify comptroller of deductions.
To notify the city comptroller of the amounts or percentages of salary
to be deducted from the salaries
of policemen and paid into the
fund.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-186) (from Ch. 108 1/2, par. 5-186)
Sec. 5-186.
To accept gifts.
To accept by gift, grant, bequest or otherwise any money or property of
any kind and use the same for the purposes of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-187) (from Ch. 108 1/2, par. 5-187)
Sec. 5-187.
To invest money.
To invest the monies of the fund in
accordance with the provisions set forth in Sections 1-109, 1-109.1,
1-109.2, 1-110, 1-111, 1-114 and 1-115 of this Act.
Investments made in accordance with Section 1-113 shall be deemed to be prudent.
The Board may sell any of the securities belonging to the fund and
borrow money upon such securities as collateral whenever in its judgment
such action is necessary to meet the cash requirements of the fund.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended. The limitations set forth in such Section 6 shall be applicable
only at the time of investment and shall not require the liquidation of
any investment at any time.
The board shall have the authority to enter into such agreements and to
execute such documents as it determines to be necessary to complete any
investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities in its
own name or in the name of a nominee created for the express purpose of
registration of securities by a savings and loan association or national
or State bank or trust company authorized to conduct a trust business
in the State of Illinois.
Investments shall be carried at cost or at a book value in accordance with
accounting procedures approved by the board. No adjustments shall be made
in investment carrying values for ordinary current market price fluctuations;
but reserves may be provided to account for possible losses or unrealized
gains as determined by the board.
The book value of investments held by the pension fund in one or more
commingled investment accounts shall be the cost of its units
of participation in such commingled account or accounts as recorded on the
books of the board.
The board of trustees of any fund established under this Article may
not transfer its investment authority, nor transfer the assets of the fund
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing such transfer is submitted
for approval to the contributors and pensioners of the fund at elections
held not less than 30 days after the adoption of such resolution by the
board, and such resolution is approved by a majority of the votes cast on
the question in both the contributors election and the pensioners election.
The election procedures and qualifications governing the election of trustees
shall govern the submission of resolutions for approval under this paragraph,
insofar as they may be made applicable.
(Source: P.A. 85-964.)
|
(40 ILCS 5/5-187.1) (from Ch. 108 1/2, par. 5-187.1)
Sec. 5-187.1.
To lend securities.
The Board may lend securities owned
by the Fund to a borrower upon such terms and conditions as may be mutually
agreed in writing. Such agreement shall provide that during the period
of such loan the Fund shall retain the right to receive, or collect from
the borrower, all dividends, interest rights, or any distributions to which
the Fund would have otherwise been entitled. The borrower shall deposit
with the Fund as collateral for such loan cash equal to the market value
of the securities at the time the loan is made and shall increase the amount
of collateral if and when the Fund shall request an additional amount because
of subsequent increased market value of the securities.
The period for which the securities may be loaned shall not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 83-823.)
|
(40 ILCS 5/5-188) (from Ch. 108 1/2, par. 5-188)
Sec. 5-188.
To have an audit.
To contract with an independent certified public
accounting firm to perform an annual audit of the assets of the fund and
issue a financial opinion. The annual audit shall be in addition to any
examination of the fund by the State Director of Insurance.
(Source: P.A. 85-964.)
|
(40 ILCS 5/5-189) (from Ch. 108 1/2, par. 5-189)
Sec. 5-189.
To authorize payments.
To authorize the payment of any annuity, pension, or benefit granted
under this Article or under any other Act relating to police pensions,
heretofore in effect in the city which has been superseded by this Article;
to increase, reduce, or suspend any such annuity, pension, or benefit
whenever any part thereof was secured or granted or the amount thereof
fixed, as the result of misrepresentation, fraud, or error; provided, the
annuitant, pensioner or beneficiary concerned shall be notified and given
an opportunity to be heard concerning such proposed action.
The Board shall have exclusive original jurisdiction in all matters
relating to or affecting the fund, including, in addition to all other
matters, all claims for annuities, pensions, benefits or refunds.
(Source: P.A. 77-2141.)
|
(40 ILCS 5/5-190) (from Ch. 108 1/2, par. 5-190)
Sec. 5-190.
To require statements and determine service credits.
To require each policeman, including those on vacation and on leave of
absence, to file a statement, in such form as the Board directs, concerning
service rendered prior to the effective date, from which the Board shall
make a determination of the length of such service; to determine, from such
information as shall be available, the period of service rendered prior to
the effective date by any policeman who fails to file such a statement.
Any such determination by the Board shall be conclusive as to any such
period of service unless the Board reconsiders and changes the
determination.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-191) (from Ch. 108 1/2, par. 5-191)
Sec. 5-191.
To issue certificate of service.
To issue to each present employee a certificate which shall show the
entire period of service rendered by him prior to the effective date and
the amounts to his credit as of such date for prior service annuity and
widow's prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-192) (from Ch. 108 1/2, par. 5-192)
Sec. 5-192.
To submit annual report to city council.
To submit a report annually in June to the city council. The report
shall be made as of the close of business on December 31st of the preceding
year and shall contain a detailed statement of the affairs of the fund, its
income and disbursements for such year, and its assets and liabilities.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-193) (from Ch. 108 1/2, par. 5-193)
Sec. 5-193.
To subpoena witnesses.
To compel witnesses to attend and testify before it upon any matter
concerning the fund and to allow fees not in excess of $6 to any witness
for attendance upon any one day. The president and other members of the
Board may administer oaths to witnesses.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-194) (from Ch. 108 1/2, par. 5-194)
Sec. 5-194.
To appoint employees.
To appoint such actuarial, medical, legal, clerical or other employees
as may be necessary. Beginning July 1, 1988, the board shall develop
procedures for obtaining, by
contract or employment, any necessary professional assistance including investment
advisors and managers, auditors, and medical and legal professionals.
(Source: P.A. 85-964.)
|
(40 ILCS 5/5-194.1) (from Ch. 108 1/2, par. 5-194.1)
Sec. 5-194.1.
To have a budget.
The board shall adopt an annual
budget at its regular January meeting for the current fiscal year.
(Source: P.A. 85-964.)
|
(40 ILCS 5/5-195) (from Ch. 108 1/2, par. 5-195)
Sec. 5-195.
To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-196) (from Ch. 108 1/2, par. 5-196)
Sec. 5-196.
Moneys which may be held on deposit.
To pay annuities and benefits the Board may at all times keep uninvested
a sum not in excess of the amount required for such payments for a period
not exceeding 60 days. Such sum shall be kept on deposit in any bank or
savings and loan association authorized to do business in
this State. The amount which the Board may
deposit in any such bank or savings and loan association, however, shall
not exceed 25% of the paid up
capital and surplus of the bank or savings and loan association.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
|
(40 ILCS 5/5-197) (from Ch. 108 1/2, par. 5-197)
Sec. 5-197.
Accounting.
An adequate system of accounts and records shall be established to give
effect to the requirements of this Article, and shall be maintained in
accordance with generally accepted accounting principles. The reserves
designated in
Sections 5-198 to 5-208, inclusive, shall be maintained.
(Source: P.A. 85-964.)
|
(40 ILCS 5/5-198) (from Ch. 108 1/2, par. 5-198)
Sec. 5-198.
Expense reserve.
Amounts contributed towards the cost of administration shall be credited
to the expense reserve. Expenses of administration shall be charged to this
reserve.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-199) (from Ch. 108 1/2, par. 5-199)
Sec. 5-199.
City contribution reserve.
Amounts contributed by the city for age and service annuity, widow's
annuity and supplemental annuity, (except those contributed instead of
deductions from salary of any policeman receiving duty disability
benefit); also amounts transferred to this reserve from the investment
and interest reserve shall be credited to this reserve.
At least once each year, and always before any transfer is made from
this reserve to any other reserve, the sums credited shall be improved
by the proper interest accretions.
When the amount of annuity for a policeman or to the widow is fixed,
and when supplemental annuity for a widow first becomes payable, the
total amount in this reserve for the purpose of such annuity and
required therefor shall be charged thereto and credited to the annuity
payment reserve.
If there is to the credit of any policeman who withdraws an amount in excess
of that required to provide age and service
annuity, or in excess of that required to provide widow's annuity for
his wife (either or both), such amount shall be retained in this reserve
and improved by interest until the policeman withdraws or dies,
whichever event occurs first; provided, however, that in the case of a
policeman who attains age 63 prior to January 1, 1988 while still in
service, no interest shall be credited between the date the policeman
attains age 63 and January 1, 1988. Any such accumulated amount shall then be
applied as provided in this Article.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-200) (from Ch. 108 1/2, par. 5-200)
Sec. 5-200.
Salary deduction reserve.
The following amounts shall be credited to this reserve: (1) Amounts
deducted from salaries of policemen or otherwise contributed for age and
service annuity and widow's annuity; (2) amounts contributed by the city
for any such purposes for any policeman who receives duty disability
benefit in lieu of deductions from his salary; and (3) amounts
transferred to this reserve from the investment and interest reserve.
An individual account shall be kept for each policeman from
whose salary any such amount is deducted.
As such amounts are received they
shall be credited to the respective accounts of the policemen.
At least once each year, and always before any transfer from this
reserve to any other reserve is made, the sums credited shall be
improved by interest.
When the annuity for a policeman or widow is fixed or granted, the
total amount in this reserve for the purpose of the annuity and required
therefor shall be charged thereto and credited to the annuity payment
reserve.
Amounts resulting from salary deductions, and amounts resulting from
contributions of the city for any policeman who receives duty disability
benefit in lieu of deduction from his salary, that are to be refunded in
accordance with the provisions of this Article, except those referred to
in Section 5-201, shall be charged to this reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-201) (from Ch. 108 1/2, par. 5-201)
Sec. 5-201.
Annuity payment reserve.
The following amounts shall be credited to this reserve: (1) amounts
transferred from the city contribution reserve and from the salary deduction
reserve for the payment of annuities which have been fixed;
(2) amounts deducted from the salary
of a policeman after the amount of
his age and service annuity has been fixed; and (3) amounts transferred
to this reserve from the investment and interest reserve.
All age and service annuities and all widow's annuities shall be
charged to this reserve. Any amount to be refunded under this Article
shall be charged to this reserve.
If a policeman whose annuity is fixed or granted withdraws from
service and thereafter re-enters service before age 63, an amount
determined in accordance with this Article shall be charged to this
reserve and credited for age and service annuity in the city
contribution reserve and the salary deduction
reserve, respectively.
Such amount shall be credited in such reserves in the ratio in which the
respective amounts transferred from such reserves for age and service
annuity for the policeman bear to each other at the time his annuity was
fixed. If the wife of such policeman when he re-enters service was his
wife when annuity for his wife was fixed an amount to be determined as
provided in this Article shall be transferred from this reserve and
credited to the policeman for widow's annuity in the city contribution
reserve and the salary deduction reserve, respectively.
Such amount
shall be credited in such reserve in the ratio which the respective
amounts transferred bear to each other at the time the annuity for the
wife was fixed.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-202) (from Ch. 108 1/2, par. 5-202)
Sec. 5-202.
Prior service annuity reserve.
The following amounts shall be credited to this reserve: (1) all
contributions of the city for prior service annuity and widow's prior
service annuity; (2) all other contributions of the city for annuities
not provided entirely from contributions by the policemen
and by the city;
(3) all amounts deducted from the salary
of a future entrant after the
amount of his age and service annuity has been fixed; and (4) all assets
of any police pension fund which exist under "An Act to provide for the
setting apart, formation and disbursement of a police pension fund in
cities having a population exceeding two hundred thousand inhabitants",
approved June 29, 1915, as amended, in such city on the effective date.
All prior service annuities and widow's prior service annuities
payable under this Article and the Policemen's Annuity and Benefit Fund
Act of 1921, and all annuities, benefits and pensions which have been or
shall be granted under "An Act to provide for the setting apart,
formation and disbursement of a police pension fund in cities having a
population exceeding two hundred thousand inhabitants", approved June
29, 1915, as amended, shall be charged to this reserve.
If at any time the assets of the investment and interest reserve are
not sufficient to permit the transfer from said reserve to the annuity
payment reserve of amounts necessary, according to the American
Experience Table of Mortality and interest at the rate of 4% per annum,
or the Combined Annuity Mortality Table with interest at the rate of 3%,
whichever table may be applicable, to make the balance of the annuity
payment reserve equal to the liabilities chargeable thereto (including
among such liabilities, and in addition to all other liabilities against
such reserve the present values of all annuities entered upon or fixed,
and not entered upon to be charged to such reserve), any amount
necessary for such purpose shall be transferred from this reserve to the
investment and interest reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-203) (from Ch. 108 1/2, par. 5-203)
Sec. 5-203.
Child's annuity reserve.
Amounts contributed by the city for child's annuity shall be credited to
this reserve, and all such annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-204) (from Ch. 108 1/2, par. 5-204)
Sec. 5-204.
Duty disability reserve.
Amounts contributed by the city for
duty disability benefit, occupational disease disability benefit, child's
disability benefit, and compensation annuity shall be credited to this
reserve, and all such benefits and annuities shall be charged to it.
(Source: P.A. 90-766, eff. 8-14-98.)
|
(40 ILCS 5/5-205) (from Ch. 108 1/2, par. 5-205)
Sec. 5-205.
Ordinary disability reserve.
Amounts contributed by the city, and all amounts deducted from the salaries
of policemen for ordinary disability
benefits shall be credited
to this reserve and all such benefits shall be charged to it.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-206) (from Ch. 108 1/2, par. 5-206)
Sec. 5-206.
Gift reserve.
Amounts received by the board for any purpose under any other law or as
gifts, grants, or bequests, or in any manner other than as provided in this
Article, shall be credited to this reserve and the same shall be used for
such purposes of the fund as the board may decide. The balance in this
reserve shall be annually improved by interest at the rate realized
by the Board on its investments in the previous year.
(Source: P.A. 85-964.)
|
(40 ILCS 5/5-207) (from Ch. 108 1/2, par. 5-207)
Sec. 5-207.
Investment and interest reserve.
All gains from investment and all interest earnings shall be
credited, and all losses from investments shall be charged to this
reserve. From this reserve shall be transferred all amounts due in
interest upon balances existing in the city contribution, the salary deduction,
the prior service annuity, and the gift reserves.
Such amounts as shall be necessary, according to the American
Experience Table of Mortality and interest at 4% per year or the
Combined Annuity Mortality Table with 3% per annum as to the assets or
liabilities to which either Table may be applicable in accordance with
the provisions of this Article, to establish a balance in the annuity
payment reserve equal to the liabilities chargeable thereto (including
among such liabilities and in addition to all other liabilities of such
reserve the present values of all annuities entered upon or fixed, and
not entered upon to be charged to such reserve) shall be transferred to
the annuity payment reserve at least once each year.
That portion of the annual investment earnings on the fund's invested
assets exclusive of gains or losses on sales or exchanges of assets
during the year on the fund's invested assets as required by Section
5-167.2 of this Article shall be transferred from the investment and
interest reserve to the Supplementary Payment Reserve set forth in
Section 5-167.2.
Any balance in the investment and interest reserve shall be either
charged or credited to the Prior Service Annuity Reserve depending on
whether a deficiency or surplus exists in investment and interest
reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-208) (from Ch. 108 1/2, par. 5-208)
Sec. 5-208.
Death benefit reserve.
Amounts contributed by policemen
and the city for ordinary death benefits shall be credited to this
reserve and all such benefits shall be charged to it. At the close of
each fiscal year, interest at the rate of 3% per year until December 31,
1977 and at 6% thereafter shall be credited on the mean balance in this
reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-208.1) (from Ch. 108 1/2, par. 5-208.1)
Sec. 5-208.1.
Automatic increase reserve.
Amounts deducted from the salaries of policemen and matching
contributions by the City for the purposes of the automatic increase in
annuity provided in Section 5-167.1, together with interest thereon, shall
be credited to the Automatic Increase Reserve, and all payments of
increased annuities and salary deduction refunds as provided in that
Section shall be charged to the Automatic Increase Reserve.
(Source: Laws 1967, p. 3561.)
|
(40 ILCS 5/5-209) (from Ch. 108 1/2, par. 5-209)
Sec. 5-209.
Deficiencies in reserves.
(a) Whenever the balance in
the expense reserve, the prior service annuity reserve, the child's annuity
reserve, the duty disability reserve or the ordinary disability reserve
is not sufficient to provide for the expenses and annuities or benefits
chargeable to such reserves, the amount required shall be transferred from
the following named reserves in the order stated: City contribution reserve,
prior service annuity reserve, salary deduction reserve. When any amount
exists in such reserves in excess of that required to pay any expenses,
or annuities or benefits chargeable to any of said reserves to which a transfer
has been made, the excess shall be transferred from the reserve having such
excess to the reserve from which any such sums have been transferred until
the full sum previously transferred is returned. Interest on such transfers
or retransfers at 4% per year shall be credited to the investment and interest reserve.
(b) Whenever the balance in the expense reserve, the prior service annuity
reserve, the child's annuity reserve, the duty disability reserve or the
ordinary disability reserve is in excess of that required to pay any expenses,
annuities or benefits chargeable to that reserve and any retransfer required
under subsection (a), the treasurer of the Fund shall so advise the Board
and the chairman of the committee on finance of the city council of the
city, and the city council may by ordinance direct the treasurer of the
Fund to transfer some or all of such excess from such reserve to any other
reserve of the Fund, the balance of which is not sufficient to provide for
the expenses, annuities or benefits chargeable thereto. No such transfer
shall in any way decrease any contribution required to be made or picked
up by the city under this Article.
(Source: P.A. 82-1044.)
|
(40 ILCS 5/5-210) (from Ch. 108 1/2, par. 5-210)
Sec. 5-210.
Treasurer of fund.
The city treasurer of the city is the treasurer and custodian of the
fund and shall furnish to the board a bond of such amount as it designates.
The bond shall indemnify the board against any loss which may result from
any action or failure to act on the part of the treasurer and custodian or
any of his agents. All fees and charges incidental to the procuring of the
bond shall be paid by the board.
The treasurer shall deposit the moneys of the fund in one or more banks
or savings and loan associations
and in such amounts as the board may by resolution direct upon receiving an
indemnifying bond executed in favor of the board protecting the fund from
loss of any money so deposited. The bond shall be procured and paid for by
the board. The treasurer shall pay for out of the moneys of the fund, and
shall hold custody of, any and all securities ordered by the board to be
purchased. The treasurer shall deliver to the persons designated by the
board any and all securities ordered by the board to be sold, or ordered by
it to be deposited as collateral security for moneys borrowed by the board,
upon receiving notice from the secretary of the board in writing, under the
seal of the board, designating the person to whom the securities are to be
so delivered, and upon the receipt of payment or sales receipt therefor, in
the event such securities are ordered sold by the board, or of a
collateral-deposit receipt in the event such securities are ordered by the
board to be used as collateral for moneys to be borrowed by the board.
(Source: P.A. 83-541.)
|
(40 ILCS 5/5-211) (from Ch. 108 1/2, par. 5-211)
Sec. 5-211.
Attorney.
The chief legal officer of the city is ex officio the legal adviser of
and attorney for the board. The board may employ a licensed attorney to
render such special legal service as may be necessary. No fee or
compensation shall be paid to any attorney unless employed by the board.
Any fee or compensation paid by the board shall be in accord with the
schedule of fees or charges prescribed by a local or state bar association.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
Sec. 5-212. Computation of service. In computing the service rendered by a policeman prior to the
effective date, the following periods shall be counted, in addition to
all periods during where he performed the duties of his position, as
periods of service for annuity purposes only: all periods of (a)
vacation; (b) leave of absence with whole or part pay; (c) leave of
absence without pay on account of disability; and (d) leave of absence
during which the policeman was engaged in the military or naval service
of the United States of America. Service credit shall not be allowed for
a policeman in receipt of a pension on account of disability from any
pension fund superseded by this fund.
In computing the service rendered by a policeman on or after the
effective date, the following periods shall be counted, in addition to
all periods during which he performed the duties of his position, as
periods of service for annuity purposes only: all periods of (a)
vacation; (b) leave of absence with whole or part pay; (c) leave of
absence during which the policeman was engaged in the military or naval
service of the United States of America; (d) time that the policeman was
engaged in the military or naval service of the United States of
America, during which he was passed over on any eligible list posted
from an entrance examination, due to the fact that he was in such
military or naval service at the time he was called for appointment to
the Police Department, to be computed from the date he was passed over
on any eligible list and would have been first sworn in as a policeman
had he not been engaged in the military or naval service of the United
States of America, until the date of his discharge from such military or
naval service; provided that such policeman shall pay into this Fund the
same amount that would have been deducted from his salary had he been a
policeman during the aforementioned portion of such military or naval
service; (e) disability for which the policeman receives any disability
benefit or compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act; (f) disability for which the policeman receives whole or
part pay; (g) service for which credits and creditable service have
been transferred to this Fund under Section 9-121.1, 14-105.1 or 15-134.3
of this Code; and (h) periods of service in the military, naval, or air forces of the United States entered upon before beginning service as an active policeman of a municipality as provided in Section 5-214.3.
In computing service on or after the effective date for ordinary
disability benefit, all periods described in the preceding paragraph,
except any such period for which a policeman receives ordinary
disability benefit, shall be counted as periods of service.
In computing service for any of the purposes of this Article, no
credit shall be given for any period during which a policeman was not
rendering active service because of his discharge from the service,
unless proceedings to test the legality of the discharge are filed in a
court of competent jurisdiction within one year from the date of
discharge and a final judgment is entered therein declaring the
discharge illegal.
No overtime or extra service shall be included in computing service
of a policeman and not more than one year or a fractional part thereof
of service shall be allowed for service rendered during any calendar
year.
In computing service for any of the purposes of this Article, credit
shall be given for any periods during which a
policeman who is a member of the General Assembly is on leave of absence or is
otherwise authorized to be absent from duty to enable him or her to perform
legislative duties, notwithstanding any reduction in salary for such periods
and notwithstanding that the contributions paid by the policeman were based on
a reduced salary rather than the full amount of salary attached to his or her
career service rank.
(Source: P.A. 102-806, eff. 5-13-22.)
|
(40 ILCS 5/5-213) (from Ch. 108 1/2, par. 5-213)
Sec. 5-213.
Credit for service in fire department.
Service rendered by a policeman, as a regular member of the paid fire
department of the city shall be counted, for annuity and benefit
purposes as if such service were rendered as a policeman of the city.
Any salary so received for service in the fire department shall be
considered, for the purposes of this Article, as salary received as a
policeman.
Any such fireman who becomes a policeman shall be credited for
annuity purposes with an amount equal to the sums deducted from his salary,
or contributed by him, and paid into the Firemen's Pension Fund
existing in such city by operation of law prior to July 1, 1931, and
such credit shall be treated as prior service credits under this
Article. Such policeman also has the right to pay to the fund an amount
equal to the difference between the amount so credited and the sum he
would have accumulated as a policeman from deductions from salary for
annuity purposes on the date when such payment is made into this fund,
for a period of time corresponding to the period of his service in the
fire department subsequent to January 1, 1922, and the city shall
contribute concurrently such amounts as are provided by Sections 5-169
and 5-170 of this Article. No credit for service rendered while a
member of the fire department shall be allowed, for any of the purposes
of this Article, after July 1, 1931, except such periods of service for
which contributions were made in accordance with the provisions of the
Act relating to the firemen's annuity and benefit fund and for which
amounts have been paid into this fund.
Such credits, payments and city contributions shall be improved by
interest and be credited on the books of the fund; and when such
policeman attains age 57 while in the police service, or becomes
separated from service prior to attainment of 57 but after having
completed at least 20 years of service, the accumulation then to his
credit shall be transferred into the annuity payment reserve and shall
thereafter be of the same status as the salary deductions and city
contributions provided for by Sections 5-169 and 5-170. Such
additional payments and city contributions shall be subject to the
refund provisions of this Article.
Any such policeman who was a member of the fire department on the day
prior to the effective date shall be considered a present employee in
this fund and any policeman who entered the service of the fire
department subsequent to that date shall be classed as a future entrant.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
Sec. 5-214. Credit for other service. Any participant in this fund (other
than a member of the fire department of the city) who has rendered service
as a member of the police department of the city for a period of 3 years
or more is entitled to credit for the various purposes of this Article for
service rendered prior to becoming a member or subsequent thereto for the
following periods:
(a) While on leave of absence from the police | ||
| ||
(b) As a temporary police officer in the city or | ||
| ||
(c) While on leave of absence from the police | ||
| ||
The changes made to this item (c) by this amendatory | ||
| ||
In this item (c), "investigative work" requires a | ||
| ||
(d) While on leave of absence from the police | ||
| ||
No credit shall be granted in this fund, however, for this service if (1) the
policeman has credit therefor in any other annuity and benefit fund or (2) the policeman has not, within 5 years after the date his application has been approved, but prior to his date of retirement, contributed
to this fund the amount he would have contributed
with interest had he remained an active member of the police department
in the position he occupied as a result of a civil service competitive
examination, certification and appointment by the Civil Service Board; or
in the case of a city operating under the provisions of a personnel ordinance
the position he occupied as a result of a personnel ordinance competitive
examination certification and appointment under the authority of a Municipal
Personnel ordinance.
Concurrently with such contributions, the city shall contribute the amounts
provided by this Article. No credit shall be allowed for any period of
time for which contributions by the policeman have not been paid. It is the sole responsibility of the policeman to ensure that all sums contributed by the policeman have been received by the fund for the service credit for which the policeman has applied. The period
of service rendered by such policeman prior to the date he became a member
of the police department of the city or while detailed, assigned or on leave
of absence and employed in any of the departments set forth hereinabove
in this Section for which such policeman has contributed to this fund shall
be credited to him as service for all the purposes of this Article, except
that he shall not have any of the rights conferred by the provisions of
Sections 5-127 and 5-162 of this Article.
The changes in this Section made by Public Act 86-273 shall apply to members
of the fund who have not begun receiving a pension under this Article on August
23, 1989, without regard to whether employment is terminated before that date.
(Source: P.A. 102-125, eff. 7-23-21.)
|
(40 ILCS 5/5-214.2) Sec. 5-214.2. Credit for certain law enforcement service. An active policeman who is a member of this Fund on or before the effective date of this Section may establish up to 10 years of additional service credit in 6-month increments for service in a law enforcement capacity under Articles 3, 7, 8, 9, 10, 13, 14, and 15 and Division 1 of Article 22, as a law enforcement officer with the Chicago Housing Authority, or as a law enforcement officer with any agency of the United States government, provided that: (1) service credit is not available for that employment under any other provision of this Article; (2) any service credit for that employment received under any other provision of this Code or under the retirement plan of the Chicago Housing Authority or Federal Employee Retirement System has been terminated; and (3) the policeman applies for this credit in writing within one year after the effective date of this Section and pays to the Fund within 5 years after the date of application an amount to be determined by the Fund in accordance with this Section. An active policeman who becomes a member of this Fund after the effective date of this Section may establish up to 10 years of additional service credit in 6-month increments for service in a law enforcement capacity under Articles 3, 7, 8, 9, 10, 13, 14, and 15 and Division 1 of Article 22, as a law enforcement officer with the Chicago Housing Authority, or as a law enforcement officer with any agency of the United States government, provided that: (1) service credit is not available for that employment under any other provision of this Article; (2) any service credit for that employment received under any other provision of this Code or under the retirement plan of the Chicago Housing Authority or Federal Employee Retirement System has been terminated; and (3) the policeman applies for this credit in writing within 2 years after he or she begins employment under this Article and pays to the Fund within 5 years after the date of application an amount to be determined by the Fund in accordance with this Section. The Fund must determine the policeman's payment required to establish creditable service under this Section by taking into account the appropriate actuarial assumptions, including without limitation the police officer's service, age, and salary history; the level of funding of the Fund; and any other factors that the Fund determines to be relevant. For this purpose, the policeman's required payment should result in no significant increase to the Fund's unfunded actuarial accrued liability determined as of the most recent actuarial valuation, based on the same assumptions and methods used to develop and report the Fund's actuarial accrued liability and actuarial value of assets under Statement No. 25 of Governmental Accounting Standards Board or any subsequent applicable Statement.
(Source: P.A. 95-1036, eff. 2-17-09; 96-285, eff. 8-11-09.) |
(40 ILCS 5/5-214.3)
Sec. 5-214.3. Credit for military service. A policeman may establish creditable service under this Article for all periods of service in the military, naval, or air forces of the United States entered upon before beginning service as an active policeman of a municipality, provided that the policeman pays into the fund the amount the policeman would have contributed if he or she had been a regular contributor during such period, plus an amount determined by the Board to be equal to the municipality's normal cost of the benefit, plus interest at the actuarially assumed rate calculated from the date the employee last became a policeman under this Article. The total amount of such creditable service shall not exceed 2 years.
(Source: P.A. 96-1260, eff. 7-23-10.) |
(40 ILCS 5/5-215) (from Ch. 108 1/2, par. 5-215)
Sec. 5-215.
Credit for certain contributions of park policemen.
The
1% deduction from salary made for costs of administration and ordinary
disability benefits from July 17, 1959 to December 31, 1959, both
inclusive, from the salaries of the members of the Park Policemen's
Annuity Fund merged with this fund January 1, 1960 shall be credited to
such members who are in active service on July 31, 1961. The credit or
any remainder thereof shall be applied against any contribution of the policeman
required to be made for age and service
annuities in this fund.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-216) (from Ch. 108 1/2, par. 5-216)
Sec. 5-216.
When annuity or benefit not payable.
Except as may be otherwise provided herein, no annuity, pension or
other benefit shall be paid to a policeman or widow, based upon any
salary paid by virtue of a temporary appointment; and no disability
benefit shall be paid for any period during which he is receiving wages
or compensation from any statutory body supported in whole or in part by
taxation; and no annuity shall be paid to any policeman or widow who has
received a refund of salary deductions or other contributions unless
such amount so refunded shall have been repaid into the fund in
accordance with this Article.
No annuity shall be paid pursuant to Sections 5-127, 5-145, or
5-162 of this Article, or service credit allowed for any annuity or
disability benefit purposes for any period of time (except as provided
in Section 5-213 of this Article) for which a policeman has not contributed
to this fund
or to any police pension fund superseded by
this fund, through salary deductions or otherwise, unless he or his
widow or both, have paid into this fund within one year from July 1,
1929, or within one year from the date of any re-entrance or
reinstatement in the service subsequent to July 1, 1929, the amounts
he would have contributed to this fund
or to any such superseded police
pension fund (had deduction been made from his full
salary as such policeman during every period of service for which he has not in fact
contributed), together with interest at 4% per year on such amounts from
the dates upon which they respectively become due, until the date such
amounts have been paid. If such payment be not made in full within the
time specified herein, the board shall, at the expiration of such time,
refund to the policeman or to his widow, and if there is no widow then
in accordance with Section 5-167 of this Article, any partial payment
which has been made, together with interest of 4% per year to the date
of expiration of the period during which payment should have been made.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-217) (from Ch. 108 1/2, par. 5-217)
Sec. 5-217.
Policemen in territory annexed.
Whenever any territory is annexed to the city, any person then employed
as a policeman in the annexed territory who is employed by the city on the
date of annexation as a policeman shall automatically come under the
provisions of this Article and any term of service rendered by him in such
territory shall be considered, for the purpose of this Article, as a term
of service rendered in the city.
Any such policeman shall in every respect, as of the date the annexation
comes into effect, be considered a present employee of the city on the
effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-218) (from Ch. 108 1/2, par. 5-218)
Sec. 5-218.
Annuities, etc.
- Exempt.
All pensions, annuities, refunds or disability benefits granted under
this Article, and every portion thereof, are exempt from attachment or
garnishment process and shall not be seized, taken, subjected to, detained
or levied upon by virtue of any judgment, or any process
or proceeding
whatsoever issued out of or by any court for the payment and satisfaction
in whole or in part of any debt, damage, claim, demand, or judgment against
a pensioner, annuitant, refund applicant or other beneficiary hereunder.
No pensioner, annuitant, refund applicant or disability beneficiary has
a right to transfer or assign his or her pension, annuity, refund or
disability benefit or any part thereof by mortgage or otherwise, except
that a pensioner or annuitant may direct in writing that payment be made
monthly, in a fixed amount, for hospitalization purposes.
The board, in its discretion, may pay to the wife or unmarried minor
child of an annuitant, pensioner, refund applicant or disability
beneficiary, such amount out of the annuity, pension, refund or disability
benefit as a court may order, or such amount as the board may consider
necessary for the support of such wife or child (or both) in the event of
his disappearance or unexplained absence or his failure to support his wife
or child, or both.
The board may also withhold from any future annuity, pension, refund or
disability benefit payments such amount, or amounts, as it may, in its
discretion, set for the purpose of repayment of any moneys paid to an
annuitant, pensioner, refund applicant or disability beneficiary through
misrepresentation, fraud or error; provided that when any pension or
annuity is claimed to have been paid erroneously to a policeman who retired
prior to the effective date and the policeman has subsequently re-entered
the service and resumed contributions to the fund, no part of any future
annuity or disability benefit payable to him when he again becomes
separated from the service shall be retained or withheld for repayment into
the fund of any deficiency due from him on account of any pension or
annuity prior to such re-entry if such original pension or annuity was paid
without any misrepresentation by the policeman as to his age or period of
service in the procuring of such prior pension. Any authorized action taken
by the board shall relieve and release the board and the fund from any
liability for any moneys retained or paid out as herein provided.
Whenever money is payable to a minor or to a person adjudged to be under
legal disability to manage or care for his own estate, the board may,
in its discretion when to the apparent interest of the minor or person under
legal disability, waive guardianship proceedings and
pay such money to the person providing for or caring for the minor, and to
the wife, parent or blood relative providing or caring for the person under
legal disability.
Whenever a pensioner, annuitant, refund applicant or disability
beneficiary disappears or his whereabouts are unknown and it cannot be
ascertained whether or not he is living, there shall be paid to his wife or
his children, or both, under this section, such amount only as will not be
in excess of the amount which would be payable in the event the pensioner,
annuitant, refund applicant or disability beneficiary had died on the date
of his disappearance; and, in the event of his subsequent return, or upon
satisfactory proof of his being alive, the amount theretofore paid shall be
charged against any moneys payable to him under any of the provisions of
this Article to the same effect as though the payment to his wife or
children, or both, had been an allowance to her or them out of the moneys
payable to him as such pensioner, annuitant, refund applicant or disability
beneficiary.
(Source: P.A. 83-706.)
|
(40 ILCS 5/5-219) (from Ch. 108 1/2, par. 5-219)
Sec. 5-219.
Park Policemen's Annuity Fund Act superseded.
From January 1, 1960, the fund herein provided for shall supersede
and take the place of the Park Policemen's Annuity Fund established
under the Park Policemen's Annuity Act. The Park Policemen's Annuity
Fund as of such date shall be merged into and become a part of the fund
herein provided for. The fund shall be construed to be a continuation of
such Park Policemen's Annuity Fund and all monies, securities,
properties and any and all other assets of such annuity and benefit
fund, shall, on the first day of January, 1960, be transferred by the
retirement board of the Park Policemen's Annuity Fund to the board of
the fund herein provided for. The board established under this Article
shall receive the aforesaid assets which shall be allocated to the
several reserves created by this Article for the purposes thereof. All
participants of the superseded fund shall have the same rights and
benefits and be subject to the same duties and responsibilities as if
they had originally been participants of this fund from the first date
of employment as members of the active service in the police department
of any park district or as a retirement board employee of such
superseded fund.
All annuities, pensions and other benefits allowed prior to the first
day of January, 1960, by the retirement board of such superseded Park
Policemen's Annuity Fund shall thereafter be assumed and paid from this
fund according to the law under which such annuities, pensions or other
benefits were allowed.
All claims for any annuity, pension or other benefit from such Park
Policemen's Annuity Fund pending or ungranted on January 1, 1960, shall
be allowed or disallowed by the board established under this Article
according to the provisions of the Park Policemen's Annuity Act, and
those which are allowed shall be paid from the fund herein provided for;
provided, that whenever any claim shall hereafter be made or proceedings
at law instituted under any Act in effect prior to January 1, 1960, no
amount of annuities for any prior period shall be allowed or paid for
any period of time greater than a period of one year prior to the date
of the filing of the claim or the date of the institution of such legal
proceedings, the intent being that any annuity or benefit hereafter
granted or ordered under any such superseded Act shall be so granted or
ordered as of the date not more than one year prior to the date of the
filing of the claim for such annuity or benefit or of the institution of
the legal proceedings thereof.
The proceeds of taxes levied for the year 1959 and prior years
pursuant to Section 9 of the Park Policemen's Annuity Act, including
delinquent and uncollected taxes, shall, when collected, be paid by the
county treasurer into the fund herein provided for.
If a retirement board employee for the superseded Park Policemen's
Annuity Fund has not applied for or received a refund of his
contributions prior to January 1, 1960, under Section 37 of the Park
Policemen's Annuity Act, he may thereafter apply for and receive such
refund from the fund created by this Article. If such refunds are not
applied for after January 1, 1960, and any such retirement board
employee is employed by a governmental unit which has accepted the
provisions of the "Retirement Systems Reciprocal Act", approved July 11,
1955, as amended, the amount of such employee's and park district
contributions to his credit which have been transferred to the fund
established by this Article shall, upon request of the retirement board
of the fund in which the employee is a participant, or upon request of
the employee, be transferred by the board to the retirement system in
which the employee is a participant. The service, earnings and contributions
credits
earned by the employee in the superseded Park Policemen's Annuity Fund
shall be preserved, and, in the application of the "Retirement Systems
Reciprocal Act", the retirement system to which such contributions have
been transferred shall grant credit for the service, earnings and contributions
and consider such credits in calculating all benefits.
If any such employee has accepted a
refund of his contributions, upon subsequent employment by a
governmental unit which has accepted the provisions of the "Retirement
Systems Reciprocal Act", he may reinstate his credits earned in the
superseded Park Policemen's Annuity Fund by repayment to the retirement
fund in which he is a participant in the manner and subject to the
conditions of the "Retirement Systems Reciprocal Act", and, in such
case, the retirement system which has received such repayment shall grant
credit for the service, earnings and contributions credited by such superseded
fund and consider such credits in calculating all benefits.
All rights, credits and equities earned under the provisions of the
Park Policemen's Annuity Fund shall be preserved and shall not be
affected or impaired by the supersession of said fund by the city
policemen's annuity fund. Such rights, credits and equities shall be
considered to have accrued and been earned under the provisions of this
Article.
(Source: P.A. 82-783.)
|
(40 ILCS 5/5-220) (from Ch. 108 1/2, par. 5-220)
Sec. 5-220.
No compensation.
A member of a Board of Trustees of an annuity and benefit fund provided
for in this Article shall not receive any moneys from a pension fund as
salary for service performed as a member of such board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-221) (from Ch. 108 1/2, par. 5-221)
Sec. 5-221.
No commissions on investments.
No member of the Board of Trustees and no person officially connected
with the board either as an employee or as legal advisor thereof or as a
custodian of the fund, shall receive any commissions on account of any
investment made by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-222) (from Ch. 108 1/2, par. 5-222)
Sec. 5-222.
Facilities for board meetings.
Suitable rooms for office and meetings of the Board of Trustees of an
annuity and benefit fund provided for in this Article shall be provided by
the mayor of the city.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-223) (from Ch. 108 1/2, par. 5-223)
Sec. 5-223.
Age stated in employment application to be conclusive.
For any policeman, as defined in this Article, who has filed an
application for appointment as a member of the police department of the
city, the age therein stated shall be conclusive evidence of his age for
the purposes of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-224) (from Ch. 108 1/2, par. 5-224)
Sec. 5-224.
Duties of city officers.
It shall be the duty of the proper officers of the city, without cost
to the fund, to:
(a) Deduct the sums required by this Article from the
salaries of
policemen, as defined in this Article, and pay such sums to the board of
the fund in such manner as the board specifies;
(b) On the first day of each month, notify the board of the
employment of any new policemen and of all discharges, resignations, and
suspensions from the service, deaths, and changes in salary which have
occurred during the preceding month, and the dates when any such events
occurred;
(c) Transmit to the board, in such form and at such time as the
board specifies, all information requested by the board concerning the
service, age, salary, residence, marital status, wife or widow,
children, parents, physical condition, mental condition, and death of
any policemen employed by the city; in particular, information
concerning service rendered by any such policemen prior to the effective
date set forth in this Article;
(d) Convey to the board all information required by the board
concerning each newly appointed or reappointed policeman immediately
after such appointment or reappointment;
(e) Certify to the board, as of some day in each year to be fixed by
the board, the name of each policeman to whom this Article applies;
(f) Keep such records concerning policemen as the board may
reasonably require and may specify.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/5-225) (from Ch. 108 1/2, par. 5-225)
Sec. 5-225.
Duty to comply with Article.
It shall be the duty of all officers, officials, and employees of such
city to perform any and all acts required to carry out the intent and
purposes of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-226) (from Ch. 108 1/2, par. 5-226)
Sec. 5-226. Examination
and report by Director of Insurance.
The Director of Insurance biennially shall make a thorough examination
of the fund provided for in this Article. He or she shall report the results
thereof with such recommendations as he or she deems proper to the Governor for
transmittal to the General Assembly, and send a copy to the board and to
the city council of the city. The city council shall file such report and
recommendations in the official record of its proceedings.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
|
(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
Sec. 5-227. Felony conviction. None of the benefits provided for in this
Article shall be paid to any person who is convicted of any felony relating
to or arising out of or in connection with his service as a policeman.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the policeman from whom the benefit results. None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony while in receipt of disability benefits.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with the intentional and wrongful death of a police officer,
either active or retired, through whom such person would become eligible
to receive, or is receiving, an annuity under this Article.
A person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman shall not be entitled to any benefits provided for in this Article on and after the filing date of the related indictment or charges. This paragraph applies to all persons whose felony conviction was entered on or after January 1, 2019. Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. This paragraph applies to all persons who make an application for refund to the Fund on or after January 1, 2019. This Section shall not operate to impair any contract or vested right heretofore
acquired under any law or laws continued in this Article, nor to preclude
the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants entering service subsequent to July 11, 1955, shall
be deemed to have consented to the provisions of this Section as a
condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
|
(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
Sec. 5-228. Administrative review. (a) The provisions of the Administrative Review Law,
and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure. (b) If any policeman whose application for either a duty disability benefit
under Section 5-154 or for an occupational disease disability benefit under
Section 5-154.1 has been denied by the Retirement Board brings an action for
administrative review challenging the denial of disability benefits and the
policeman prevails in the action in administrative review, then the prevailing
policeman shall be entitled to recover from the Fund court costs and litigation
expenses, including reasonable attorney's fees, as part of the costs of the
action.
(Source: P.A. 101-387, eff. 8-16-19.)
|
(40 ILCS 5/5-229) (from Ch. 108 1/2, par. 5-229)
Sec. 5-229.
General provisions and savings clause.
The provisions of Article
1 and Article 23 of this Code apply to this Article as though such provisions
were fully set forth in this Article as a part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/5-229.1) (from Ch. 108 1/2, par. 5-229.1)
Sec. 5-229.1.
Effective date of amendments.
The amendments made to
Sections 5-128, 5-129, 5-131, 5-137, 5-138, 5-141, 5-146, 5-154, 5-155,
5-159, 5-165, 5-169, 5-170 and 5-199 (relating to attainment of age
63) by this amendatory Act of 1989 shall be retroactive to January 1, 1988.
(Source: P.A. 86-272.)
|
(40 ILCS 5/5-230) (from Ch. 108 1/2, par. 5-230)
Sec. 5-230.
General Assembly.
(a) Any active (and until February 1, 1993, any former) member of the
General Assembly Retirement System may apply for transfer of his credits
and creditable service accumulated under this Fund to the General Assembly
System. Such credits and creditable service shall be transferred
forthwith. Payment by this Fund to the General Assembly Retirement System
shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active (and until February 1, 1993, a former) member of the
General Assembly may reinstate service and service credits terminated upon
receipt of a refund or separation benefit, by payment to the Fund of
the amount of the separation benefit plus interest thereon from the date
of the refund to the date of payment.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/5-231) (from Ch. 108 1/2, par. 5-231)
Sec. 5-231.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/5-232) (from Ch. 108 1/2, par. 5-232)
Sec. 5-232.
(a) Any active member of the Judges Retirement System
of Illinois may apply for transfer of his credits and creditable service accumulated
under this Fund to the Judges Retirement System. Such credits and creditable
service shall be transferred forthwith. Payment by this Fund to the Judges
Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding any additional
or optional credits, which credits shall be refunded to the applicant; and
(2) municipality credits computed and credited under this Article, including
interest, on the books of the Fund on the date the member terminated service
under the Fund.
Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the Judges Retirement System may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(Source: P.A. 85-1008.)
|
(40 ILCS 5/5-233) (from Ch. 108 1/2, par. 5-233)
Sec. 5-233.
Transfer of creditable service to Article 8, 9 or 13 fund.
(a) Any city officer as defined in Section 8-243.2 of this Code, any county
officer elected by vote of the people who is a participant in a pension fund
established under Article 9 of this Code, any county police officer who is a
participant in a pension fund established under Article 9 of this Code, and any
elected sanitary district commissioner who is a participant in a pension fund
established under Article 13 of this Code, may apply for transfer of his or her
credits and creditable service accumulated in this Fund to such Article 8, 9 or
13 fund. Such transfer shall be made forthwith. Payment by this Fund to the
Article 8, 9 or 13 fund shall be made at the same time and shall consist of:
(1) the amounts credited to the applicant through | ||
| ||
(2) municipality contributions equal to the | ||
| ||
Participation in this Fund shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary district
commissioner, and any such county police officer, may reinstate credits
and creditable service terminated upon receipt of a refund, by payment to
the Fund of the amount of the refund with interest thereon at the rate of
6% per year to the date of payment.
(Source: P.A. 86-1488; 87-1265.)
|
(40 ILCS 5/5-233.1)
Sec. 5-233.1.
Transfer of creditable service to Article 8 or 11 fund.
A person who (i) is an active participant in a fund established under
Article 8 or 11 of this Code and (ii) has at least 10 and no more than 22
years of creditable service in this Fund may, within the 90 days following
the effective date of this Section, apply for transfer of his or her
credits and creditable service accumulated in this Fund to the Article 8
or 11 fund. At the time of the transfer, this Fund shall pay to the Article
8 or 11 fund an amount consisting of:
(1) the amounts credited to the applicant through | ||
| ||
(2) the corresponding municipality credits, including | ||
| ||
Participation in this Fund with respect to the credits transferred shall
terminate on the date of transfer.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/5-234) (from Ch. 108 1/2, par. 5-234)
Sec. 5-234. Transfer of credits. (a) Any police officer who has at least 10
years of creditable service in the Fund may transfer to this Fund credits
and creditable service accumulated under any other pension fund or
retirement system established under Article 8 or 12 of this Code, by making
application and paying to the Fund before January 1, 1990 the amount by
which the employee contributions that would have been required if he had
participated in this Fund during the period for which credit is being
transferred, plus interest, exceeds the amount
actually transferred from such other fund or system to this Fund under item
(1) of Section 8-226.5 or item (1) of Section 12-127.5.
(b) Any police officer who has at least 10 years of creditable service in the Fund may transfer to this Fund up to 48 months of creditable service accumulated under Article 9 of this Code as a correctional officer with the county department of corrections prior to January 1, 1994, by making application to the Fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and by paying to the Fund an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the Fund under Section 9-121.17 and the amounts that would have been contributed had such contributions been made at the rates applicable to members of this Fund, plus (ii) interest thereon at the actuarially assumed rate for each year, compounded annually, from the date of service to the date of payment. (Source: P.A. 96-727, eff. 8-25-09.)
|
(40 ILCS 5/5-235) (from Ch. 108 1/2, par. 5-235)
Sec. 5-235.
(a) Until July 1, 1990, any active or inactive
member of the Illinois
Municipal Retirement Fund who has been a county sheriff may apply for transfer of
his creditable service accumulated under this
Article to the Illinois Municipal Retirement Fund. Such creditable service
shall be transferred only upon payment by the Fund to the
Illinois Municipal Retirement Fund of an amount equal to:
(1) the amounts accumulated to the credit of the applicant on the books
of the Fund on the date of transfer; and
(2) municipality credits computed and credited under this Article,
including interest, on the books of the Fund on the date the member
terminated service under the Fund; and
(3) any interest paid by the applicant in order to reinstate service.
Participation in this Fund shall terminate on the date of transfer.
(b) Until July 1, 1990, any person transferring credit under this
Section may reinstate service
which was terminated by receipt of a refund, by payment to the Fund
of the amount of the refund with interest thereon at the rate
of 6% per year, compounded annually, from the date of refund to the date
of payment.
(Source: P.A. 86-273; 86-1028.)
|
(40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
Sec. 5-236. Transfer to Article 14.
(a) Any active member of the State Employees'
Retirement System who is a State policeman, conservation police officer, an investigator for the Office of the Attorney General, an investigator for the Department of Revenue, or investigator for the
Secretary of State may apply for transfer of some or all of his or her
creditable service
accumulated under this Article to the State Employees' Retirement System in accordance with Section 14-110.
At the time of the transfer the Fund shall pay to the State Employees'
Retirement System an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding municipality credits, including | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in this Fund with respect to the service to be transferred shall terminate on the date of transfer.
(b) Any such State policeman, conservation police officer, or investigator
for the Secretary of State may reinstate service that was terminated by
receipt of a refund, by paying to the Fund the amount of the refund with
interest thereon at the actuarially assumed rate of interest, compounded annually, from the
date of refund to the date of payment.
(c) Within 30 days after the effective date of this amendatory Act of
1993, any active member of the State Employees' Retirement System who was
earning eligible creditable service under subdivision (b)(12) of Section
14-110 on January 1, 1992 and who has at least 17 years of creditable
service under this Article may apply for transfer of his creditable service
accumulated under this Article to the State Employees' Retirement System.
At the time of the transfer the Fund shall pay to the State Employees'
Retirement System an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding municipality credits, including | ||
| ||
Participation in this Fund shall terminate on the date of transfer.
(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
|
(40 ILCS 5/5-237)
Sec. 5-237.
Transfer of creditable service to Article 9 fund.
(a) Any person who is an active participant in the pension fund established
under Article 9 of this Code and who was employed by the office of the Cook
County State's Attorney on January 1, 1995 may apply for transfer of his or
her credits and creditable service accumulated in this Fund to that Article
9 fund. Upon receipt of a written application to make this transfer, the Fund
shall pay to the Article 9 fund an amount consisting of:
(1) the amounts credited to the applicant through | ||
| ||
(2) an amount representing municipality | ||
| ||
(3) any interest paid to the Fund in order to | ||
| ||
Participation in this Fund shall terminate on the date of the transfer.
(a-5) Until July 1, 1998, any person who is an active participant in the
pension fund established under Article 9 of this Code and a member of the
county police department as defined in Section 9-128.1 may apply for transfer
of his or her credits and creditable service accumulated in this Fund to that
Article 9 fund. Upon receipt of a written application to make this transfer,
the Fund shall pay to the Article 9 fund an amount consisting of:
(1) the amounts credited to the applicant through | ||
| ||
(2) an amount representing municipality | ||
| ||
(3) any interest paid to the Fund in order to | ||
| ||
Participation in this Fund shall terminate on the date of the transfer.
(b) As part of a transfer under subsection (a) or (a-5), a person may
reinstate credits and creditable service that was terminated upon receipt of a
refund, by paying to the Fund the amount of the refund plus interest thereon at
the rate of 6% per year, compounded annually, from the date of the refund to
the date of payment.
(Source: P.A. 89-136, eff. 7-14-95; 90-32, eff. 6-27-97.)
|
(40 ILCS 5/5-237.5) Sec. 5-237.5. Transfer of creditable service to Article 3 fund. (a) Any person who is an active participant in a pension fund established under Article 3 of this Code may, for a period of 60 days after the effective date of this Section, apply for transfer of his or her credits and creditable service accumulated in this Fund to that Article 3 fund. Upon receipt of a written application to make this transfer, the Fund shall pay to the Article 3 fund an amount consisting of: (1) the amounts credited to the applicant through | ||
| ||
(2) an amount representing municipality | ||
| ||
(3) any interest paid to the Fund in order to | ||
| ||
Participation in this Fund shall terminate on the date of the transfer. (b) As part of a transfer under subsection (a), a person may reinstate credits and creditable service that was terminated upon receipt of a refund, by paying to the Fund the amount of the refund plus interest thereon at the actuarially assumed rate, compounded annually, from the date of the refund to the date of payment.
(Source: P.A. 97-326, eff. 8-12-11.) |
(40 ILCS 5/5-238) Sec. 5-238. Provisions applicable to new hires; Tier 2. (a) Notwithstanding any other provision of this Article, the provisions of this Section apply to a person who first becomes a policeman under this Article on or after January 1, 2011, and to certain qualified survivors of such a policeman. Such persons, and the benefits and restrictions that apply specifically to them under this Article, may be referred to as "Tier 2". (b) A policeman who has withdrawn from service, has attained age 50 or more, and has 10 or more years of service in that capacity shall be entitled, upon proper application being received by the Fund, to receive a Tier 2 monthly retirement annuity for his service as a police officer. The Tier 2 monthly retirement annuity shall be computed by multiplying 2.5% for each year of such service by his or her final average salary, subject to an annuity reduction factor of one-half of 1% for each month that the police officer's age at retirement is under age 55. The Tier 2 monthly retirement annuity is in lieu of any age and service annuity or other form of retirement annuity under this Article. The maximum retirement annuity under this subsection (b) shall be 75% of final average salary. For the purposes of this subsection (b), "final average salary" means the greater of: (i) the average monthly salary obtained by dividing the total salary of the policeman during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period; or (ii) the average monthly salary obtained by dividing the total salary of the policeman during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period. Beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual salary based on the plan year of a member or participant to whom this Section applies shall not exceed $106,800; however, beginning July 1, 2025, the annual salary shall not exceed $141,407.74 and that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. Nothing in this amendatory Act of the 104th General Assembly shall cause or otherwise result in any retroactive adjustment of any employee contributions. (c) Notwithstanding any other provision of this Article, for a person who first becomes a policeman under this Article on or after January 1, 2011, eligibility for and the amount of the annuity to which the qualified surviving spouse, children, and parents are entitled under this subsection (c) shall be determined as follows: (1) The surviving spouse of a deceased policeman to | ||
| ||
As used in this subsection (c), "earned annuity" | ||
| ||
(A) If the deceased policeman was receiving an | ||
| ||
If the deceased policeman was a parent of a child | ||
| ||
(B) If the deceased policeman was not receiving | ||
| ||
If the deceased policeman was a parent of a child | ||
| ||
(C) If the deceased policeman was an active | ||
| ||
If the deceased policeman was a parent of a child | ||
| ||
(D) If the performance of an act or acts of duty | ||
| ||
(E) Notwithstanding any other provision of this | ||
| ||
For the purposes of this Section, "consumer price | ||
| ||
(F) Notwithstanding the other provisions of this | ||
| ||
(2) Surviving children of a deceased policeman | ||
| ||
(3) Surviving parents of a deceased policeman subject | ||
| ||
Notwithstanding Section 1-103.1, the changes made to this subsection by this amendatory Act of the 104th General Assembly apply without regard to whether the deceased policeman was in service on or after the effective date of this amendatory Act of the 104th General Assembly. The changes made by this amendatory Act of the 104th General Assembly shall not diminish the survivor's benefits described in this Section. (d) The General Assembly finds and declares that the provisions of this Section, as enacted by Public Act 96-1495, require clarification relating to necessary eligibility standards and the manner of determining and paying the intended Tier 2 benefits and contributions in order to enable the Fund to unambiguously implement and administer benefits for Tier 2 members. The changes to this Section and the conforming changes to Sections 5-153, 5-155, 5-163, 5-167.1 (except for the changes to subsection (a) of that Section), 5-169, and 5-170 made by this amendatory Act of the 99th General Assembly are enacted to clarify the provisions of this Section as enacted by Public Act 96-1495, and are hereby declared to represent and be consistent with the original and continuing intent of this Section and Public Act 96-1495. (e) The changes to Sections 5-153, 5-155, 5-163, 5-167.1 (except for the changes to subsection (a) of that Section), 5-169, and 5-170 made by this amendatory Act of the 99th General Assembly are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-1495) and, for the purposes of Section 1-103.1 of this Code, they apply without regard to whether the relevant policeman was in service on or after the effective date of this amendatory Act of the 99th General Assembly. (Source: P.A. 104-65, eff. 8-1-25.) |
(40 ILCS 5/Art. 6 heading) ARTICLE 6.
FIREMEN'S ANNUITY AND BENEFIT FUND--CITIES OVER 500,000
|
(40 ILCS 5/6-101) (from Ch. 108 1/2, par. 6-101)
Sec. 6-101.
Creation of fund.
In each city of more than 500,000 inhabitants, a firemen's annuity and
benefit fund shall be created, set apart, and maintained, for the benefit
of its firemen, their widows, children and parents, and of all contributors
to, participants in, and beneficiaries of any firemen's pension fund in
operation, by authority of law, in such city immediately prior to the
effective date. For the purposes of this Article, the firemen's annuity and
benefit fund may be referred to as the "fund".
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-102) (from Ch. 108 1/2, par. 6-102)
Sec. 6-102.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 6-103 to 6-117, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-103) (from Ch. 108 1/2, par. 6-103)
Sec. 6-103.
Firemen's Annuity and Benefit Fund Act of the Illinois Municipal Code.
"Firemen's Annuity and Benefit Fund Act of the Illinois Municipal Code":
Division 9 of Article 10 of the Illinois Municipal Code, being a
continuation of "An Act to provide for the creation, setting apart,
maintenance and administration of a firemen's annuity and benefit fund in
cities having a population exceeding five hundred thousand inhabitants",
approved June 12, 1931, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-104) (from Ch. 108 1/2, par. 6-104)
Sec. 6-104.
Effective date.
"Effective date": July 1, 1931, for any city covered by the "Firemen's
Annuity and Benefit Fund of the Illinois Municipal Code" on the date this
Article comes in effect; and the date thereafter that any other city first
comes under the provisions of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-105) (from Ch. 108 1/2, par. 6-105)
Sec. 6-105.
Retirement board or board.
"Retirement board" or "board": The board of trustees of the Firemen's
Annuity and Benefit Fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-106) (from Ch. 108 1/2, par. 6-106)
Sec. 6-106. Fireman. "Fireman": Any person who:
(a) was, is, or shall be employed by a city in its fire service as a
fireman, fire paramedic, fire engineer, marine engineer, or fire pilot,
and whose duty is
to participate in the work of controlling and extinguishing fire at the
location of any such fire, whether or not he is assigned to fire service
other than the actual extinguishing of fire;
(b) is employed in the fire service of a city on the effective date,
whose duty shall not be as hereinbefore stated, but who shall then be a
contributor to, participant in, or beneficiary of any firemen's pension
fund in operation by authority of law in such city on said date, unless he
applies to the retirement board, within 90 days from the effective date,
for exemption from the provisions of this Article. Any person who would
have been entitled on July 1, 1931 to membership in this fund by reason of
the definition of the word "fireman" contained in "An Act to provide for a
firemen's pension fund and to create a board of trustees to administer said
fund in cities having a population exceeding two hundred thousand (200,000)
inhabitants", filed July 14, 1917, as amended, who has not filed with the
board prior to July 1, 1941, a written application to be a member shall not
be a fireman within the meaning of this Article; or (c) made the election under Section 6-230.
(Source: P.A. 100-1144, eff. 11-28-18.)
|
(40 ILCS 5/6-106.1) (from Ch. 108 1/2, par. 6-106.1)
Sec. 6-106.1.
Gender.
The masculine gender wherever used in this
Article includes the female gender and all annuities and benefits
applicable to male firemen and their survivors and the contributions to
be made for widows' annuities or other benefits shall apply with equal
force to female firemen and their survivors without any modification or
distinction whatsoever.
(Source: P.A. 80-899.)
|
(40 ILCS 5/6-107) (from Ch. 108 1/2, par. 6-107)
Sec. 6-107.
Present employee.
"Present employee": Any person employed by a city as a fireman on the
day before the effective date; also any fireman receiving a pension on
account of disability from any firemen's pension fund in operation, by
authority of law, in such city immediately prior to the effective date,
when such fireman recovers from the disability and is reinstated into
active service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-108) (from Ch. 108 1/2, par. 6-108)
Sec. 6-108.
Future entrant.
"Future entrant": Any person employed as a fireman of a city for the
first time on or after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-109) (from Ch. 108 1/2, par. 6-109)
Sec. 6-109. Active fireman.
"Active fireman": Any person employed and receiving salary as a fireman. "Active fireman" also includes a person who made the election under Section 6-230 and is serving in a position covered under Section 8-243.
(Source: P.A. 100-1144, eff. 11-28-18.)
|
(40 ILCS 5/6-110) (from Ch. 108 1/2, par. 6-110)
Sec. 6-110.
Act of duty.
"Act of duty": Any act imposed on an active fireman by the ordinances of
a city, or by the rules or regulations of its fire department, or any act
performed by an active fireman while on duty, having for its direct purpose
the saving of the life or property of another person.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-111)
(from Ch. 108 1/2, par. 6-111)
Sec. 6-111. Salary. "Salary": Subject to Section 6-211, the annual salary
of a fireman, as follows:
(a) For age and service annuity, minimum annuity, and disability
benefits, the actual amount of the annual salary, except as otherwise
provided in this Article.
(b) For prior service annuity, widow's annuity, widow's prior
service annuity and child's annuity to and including August 31, 1957,
the amount of the annual salary up to a maximum of $3,000.
(c) Except as otherwise provided in Section 6-141.1, for widow's annuity,
beginning September 1, 1957, the amount of annual salary up to a maximum of
$6,000.
(d) "Salary" means the actual amount of the annual salary attached to the
permanent career service rank held by the fireman, except as provided in
subsections (e) and (e-5).
(e) In the case of a fireman who holds an exempt position above career
service rank:
(1) For the purpose of computing employee and city | ||
| ||
(2) For the purpose of computing benefits: "salary" | ||
| ||
(e-5) In the case of a person who made the election | ||
| ||
(f) Beginning on the effective date of this amendatory Act of the 93rd
General Assembly, and for any prior periods for which contributions have been
paid under subsection (g) of this Section, all salary payments made to any
active or former fireman who holds or previously held the permanent assigned
position or classified career service rank, grade, or position of ambulance
commander shall be included as salary for all purposes under this Article.
(g) Any active or former fireman who held the permanent assigned position or
classified career service rank, grade, or position of ambulance commander may
elect to have the full amount of the salary attached to that permanent
assigned position or classified career service rank, grade, or position
included
in the calculation of his or her salary for any period during which the fireman
held the permanent assigned position or classified career service rank, grade,
or position of ambulance commander by applying in writing and making all
employee and employer contributions, without interest, related to the actual
salary payments corresponding to the permanent assigned position or classified
career service rank, grade, or position of ambulance commander for all periods
beginning on or after January 1, 1995. All applicable contributions must be
paid in full to the Fund before January 1, 2006 before the payment of any
benefit under this subsection (g) will be made.
Any former fireman or widow of a fireman who (i) held the permanent assigned
position or classified career service rank, grade, or position of ambulance
commander, (ii) is in receipt of annuity on the effective date of this
amendatory Act of the 93rd General Assembly, and (iii) pays to the Fund
contributions under this subsection (g) for salary payments at the permanent
assigned position or classified career service rank, grade, or position of
ambulance commander shall have his or her annuity recalculated to reflect the
ambulance commander salary and the resulting increase shall become payable on
the next annuity payment date following the date the contribution is received
by the Fund.
In the case of an active or former fireman who (i) dies before January 1,
2006 without making an election under this subsection and (ii) was eligible to
make an election under this subsection at the time of death (or would have been
eligible had the death occurred after the effective date of this amendatory
Act), any surviving spouse, child, or parent of the fireman who is eligible
to receive a benefit under this Article based on the fireman's salary may make
that election and pay the required contributions on behalf of the deceased
fireman. If the death occurs within the 30 days immediately preceding January
1, 2006, the deadline for application and payment is extended to January 31,
2006.
Any portion of the compensation received for service as an ambulance
commander for which the corresponding contributions have not been paid
shall not be included in the calculation of salary.
(h) Beginning January 1, 1999, with respect to a fireman who is licensed by
the State as an Emergency Medical Technician, references in this Article to the
fireman's salary or the salary attached to or appropriated for the permanent
assigned position or classified career service rank, grade, or position of the
fireman shall be deemed to include any additional compensation payable to the
fireman by virtue of being licensed as an Emergency Medical Technician, as
provided under a collective bargaining agreement with the city.
(i) Beginning on the effective date of this amendatory Act of the 93rd
General Assembly (and for any period prior to that date for which contributions
have been paid under subsection (j) of this Section), the salary of a fireman,
as calculated for any purpose under this Article, shall include any duty
availability pay received by the fireman (i) pursuant to a collective
bargaining agreement or (ii) pursuant to an appropriation ordinance in an
amount equivalent to the amount of duty availability pay received by other
firemen pursuant to a collective bargaining agreement, and references in this
Article to the salary attached to or appropriated for the permanent assigned
position or classified career service rank, grade, or position of the fireman
shall be deemed to include that duty availability pay.
(j) An active or former fireman who received duty availability pay at any
time after December 31, 1994 and before the effective date of this amendatory
Act of the 93rd General Assembly and who either (1) retired during that period
or (2) had attained age 46 and at least 16 years of service by the effective
date of this amendatory Act may elect to have that duty availability pay
included in the calculation of his or her salary for any portion of that period
for which the pay was received, by applying in writing and paying to the Fund,
before January 1, 2006, the corresponding employee contribution,
without interest.
In the case of an applicant who is receiving an annuity at the time the
application and contribution are received by the Fund, the annuity shall be
recalculated and the resulting increase shall become payable on the next
annuity payment date following the date the contribution is received by the
Fund.
In the case of an active or former fireman who (i) dies before January 1,
2006 without making an election under this subsection and (ii) was eligible to
make an election under this subsection at the time of death (or would have been
eligible had the death occurred after the effective date of this amendatory
Act), any surviving spouse, child, or parent of the fireman who is eligible to
receive a benefit under this Article based on the fireman's salary may make
that election and pay the required contribution on behalf of the deceased
fireman. If the death occurs within the 30 days immediately preceding January
1, 2006, the deadline for application and payment is extended to January 31,
2006.
Any duty availability pay for which the corresponding employee contribution
has not been paid shall not be included in the calculation of salary.
(k) The changes to this Section made by this amendatory Act of the 93rd
General Assembly are not limited to firemen in service on or after the
effective date of this amendatory Act.
(Source: P.A. 100-1144, eff. 11-28-18.)
|
(40 ILCS 5/6-112) (from Ch. 108 1/2, par. 6-112)
Sec. 6-112.
"Disability":
A condition of physical or mental incapacity to
perform any assigned duty or duties in the fire service.
"Injury": Damage suffered by or hurt done to a fireman.
"Occupational Disease": A sickness, disease or illness of the heart,
lungs, or respiratory tract of a fireman, arising solely out of his
employment as a fireman, due to exposures to heat and extreme cold,
inhalation of heavy smoke, fumes or poisonous, toxic or chemical gases
while in the performance of active duty in the fire department. "Occupational
Disease" also includes cancer.
(Source: P.A. 83-661.)
|
(40 ILCS 5/6-113) (from Ch. 108 1/2, par. 6-113)
Sec. 6-113.
Compulsory retirement.
"Compulsory retirement": Separation of a fireman from the service due to
his reaching an age set by law or ordinance beyond which the fireman is
prohibited from working as a fireman.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-114) (from Ch. 108 1/2, par. 6-114)
Sec. 6-114.
Withdrawal, withdrawal from service, or withdrawn from service.
"Withdrawal", "withdrawal from service", or "withdrawn from service":
The discharge, resignation or complete separation from service of a
fireman, other than death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-115) (from Ch. 108 1/2, par. 6-115)
Sec. 6-115.
Assets.
"Assets": The total value of cash, securities and other property. Bonds
shall be valued at amortized book value.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-116) (from Ch. 108 1/2, par. 6-116)
Sec. 6-116.
Annuity.
"Annuity": Annual payments for life, unless otherwise terminated under
this Article, payable in 12 equal monthly installments beginning on the
first day of the second month next following the date of the event upon
which payment of annuity shall depend, shall occur and subsequent payments
to be due and payable on the first day of each and every month thereafter,
except that a smaller pro rata amount shall be paid for part of a month
when the annuity begins after the first day of the month or ends before the
last day of the month.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-117) (from Ch. 108 1/2, par. 6-117)
Sec. 6-117.
Present value.
"Present value": The amount of money needed to provide an annuity or
benefit at some future date computed according to the applicable mortality
and interest tables.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-118) (from Ch. 108 1/2, par. 6-118)
Sec. 6-118.
Prior service annuity.
"Prior Service Annuity" shall be credited for present employees for
service rendered prior to the effective date in accordance with the
provisions of the "Firemen's Annuity and Benefit Fund Act of the Illinois
Municipal Code" and this Article. Each such credit shall be improved by
interest until the amount of annuity to which an employee has a right is
fixed.
In determining such annuity, the annual salary for the entire period of
the employee's service prior to the effective date shall be the salary in
effect on the effective date, but not in excess of $3,000 per year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-119) (from Ch. 108 1/2, par. 6-119)
Sec. 6-119.
Age and service annuity.
"Age and Service Annuity" shall be provided firemen for service rendered
on or after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-120) (from Ch. 108 1/2, par. 6-120)
Sec. 6-120.
Present employees limitation to and amount of prior
service annuities in certain cases.
A present employee, who has a credit on the effective date, for prior
service annuity, of an amount sufficient to provide annuity as of his
age on such date equal to that to which he would have had a right if employee
contributions and city contributions
had been made for age and
service annuity during his entire service until his attainment of age
57, is entitled to a prior service annuity from the date he withdraws
from service, fixed as of his age on the effective date, of such amount
as can be provided by his credit for this purpose on the effective date.
Any such present employee has no right to receive age and service
annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-121) (from Ch. 108 1/2, par. 6-121)
Sec. 6-121.
Present employees - Age 57 in service - Amount of annuity.
(a) A present employee, who attains age 57 or more while in service,
having credit from sums accumulated for age and service annuity and
prior service annuity sufficient to provide annuity as of his age at
such time equal to that to which he would have had a right if
employee contributions and city
contributions had been made in accordance with
this Article during his entire period of service until he attained age
57, is entitled to an age and service annuity and prior service annuity
from the date he withdraws from service, fixed as of his age on the date
when he has to his credit such sums; such annuities shall be the amounts
provided from the entire sum accumulated to his credit for age and
service annuity and prior service annuity purposes on such date of
fixing.
(b) A present employee who attains age 57 or more while in service
and who has not to his credit for age and service annuity and prior
service annuity the amount described in paragraph (a) above, is entitled
on the date of his withdrawal to an age and service annuity and prior
service annuity fixed as of his age on the date of withdrawal of the
amount provided from the entire sum accumulated to his credit for age
and service annuity and prior service annuity on such date of
withdrawal.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-122) (from Ch. 108 1/2, par. 6-122)
Sec. 6-122.
Present employees - Age 50 but less than 57 in
service - Age 50 out of service - Amount of annuity.
A present employee who (1) attains age 50 or more but less than 57
while in service, having 10 or more years of service at the date of
withdrawal or (2) withdraws with 10 or more years of service before age
50 and thereafter attains age 50 while out of service, is entitled to an
age and service annuity and prior service annuity from the date of
withdrawal or after attainment of age 50, as the case may be, fixed as
of his age at the date of withdrawal, or at age 50, respectively, in
such amount as can be provided from the total of the following:
(1) If service is 20 or more years, the entire sum accumulated to
his credit for age and service annuity and prior service annuity; or
(2) If service is 10 or more but less than 20 years, (a) the sum
provided from the sum accumulated to his credit for age and service
annuity from salary deductions, (b) 1/10 of the sum accumulated to his
credit for such purposes from the contributions by the city for each
completed year of service after the first 10 years, (c) the sum credited
for prior service annuity from employee contributions and applied to any
firemen's pension fund in operation, by authority of law in the city on
the effective date, and (d) 1/10 of the credit for prior service
annuity, in accordance with "Firemen's Annuity and Benefit Fund Act of
the Illinois Municipal Code", for each completed year of service after
the first 10 years.
The annuity provided in this Section for an employee who attains age
50 out of service shall be computed as though the employee were exactly
age 50 at the time it is granted, regardless of his actual age at the
time of his application therefor, and no such employee has any right to
any annuity on account of any time between the date he attains age 50
and the date of application for annuity, nor shall any annuity be
payable if the employee has received a refund of contributions.
Annuity in excess of that fixed by this Section shall not be granted
unless the employee reenters the service before age 57. If such re-entry
occurs, his annuity shall be provided in accordance with this section or
Section 6-121, whichever is applicable.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-123) (from Ch. 108 1/2, par. 6-123)
Sec. 6-123.
Minimum amount of annuity of present employee.
Any present employee who withdraws on or after the effective date,
having at least 20 years of service, and for whom the annuity otherwise
provided in this Article is less than the amount stated in this section,
has a right to annuity as follows:
If he is at least age 50 on withdrawal, his annuity, from and after such
withdrawal, shall be 50% of his salary on the day one year prior to such
date.
If he is less than age 50 on withdrawal, his annuity, after the date he
becomes age 50, shall be 50% of his salary on the day one year prior to the
date of his withdrawal.
Any such employee who remains in service after qualifying for annuity
under this section or Section 10-9-53 of the Firemen's Annuity and Benefit
Fund of the Illinois Municipal Code, shall have added to his annuity an
additional 1% of salary for each complete year of service or fraction
thereof accruing until July 21, 1959, and an additional 1% for a total of
2% of salary after July 21, 1959. "Salary" as referred to in this paragraph
shall be determined by striking an average of the 5 consecutive highest
years of salary within the last 10 years of service immediately preceding
withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-124) (from Ch. 108 1/2, par. 6-124)
Sec. 6-124. Future entrants; amount of annuity. When a future entrant attains age 63 in service, except for a fireman who is not subject to the compulsory retirement age, his age and service
annuity shall be fixed as of age 63. The annuity shall be that provided
from the entire sum accumulated to his credit for age and service annuity
on the date he attains age 63.
When a future entrant who is not subject to the compulsory retirement age withdraws from service and is at least age 63, his or her age and service annuity shall be fixed as of the age he or she withdraws from service. The annuity shall be that provided from the entire sum accumulated to his or her credit for age and service annuity on the date he or she withdraws from service. (Source: P.A. 102-293, eff. 8-6-21.)
|
(40 ILCS 5/6-124.1)
Sec. 6-124.1. Withdrawal from service; amount of annuity.
(a) In lieu of any annuity provided in the other provisions of this
Article, a fireman who (1) is required to withdraw from service due to attainment
of compulsory retirement age, or is not subject to compulsory retirement age, withdraws from service, and is at least age 63, and (2) has at least 10 but less than 20 years of
service credit may elect to receive an annuity equal to 30% of average salary
for the first 10 years of service plus 2% of average salary for each completed
year of service or remaining fraction thereof in excess of 10, but not to
exceed a maximum of 50% of average salary.
(b) For the purpose of this Section, "average salary" means the average of
the fireman's highest 4 consecutive years of salary within the last 10 years
of service.
(c) For the purpose of qualifying for the annual increases provided in
Section 6-164, a fireman whose retirement annuity is calculated under this
Section shall be deemed to qualify for a minimum annuity.
(Source: P.A. 102-293, eff. 8-6-21.) |
(40 ILCS 5/6-125) (from Ch. 108 1/2, par. 6-125)
Sec. 6-125.
Future entrants - age 50 but less than age 63 in
service - amount of annuity.
When a future entrant who attains age 50 or more in service, having
10 or more years of service, withdraws before age 63 his age and service
annuity shall be fixed as of his age at withdrawal. He is entitled to
annuity, after withdrawal, of the amount provided from the following
sums on the date of withdrawal:
(1) If service is 20 or more years, the entire sum accumulated to
his credit for age and service annuity; or
(2) If service is 10 or more but less than 20 years, the entire sum
accumulated to his credit for age and service annuity from deductions
from salary, plus 1/10 of the sum accumulated for such purpose from
contributions by the city, for each completed year of service after the
first 10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-126) (from Ch. 108 1/2, par. 6-126)
Sec. 6-126.
Future entrants - Withdrawal before age 50 - Amount of
annuity.
When a future entrant withdraws before age 50 after 10 or more years'
service and attains age 50 while out of service, his age and service
annuity shall be fixed as of age 50. He is entitled to an annuity, after
he attains age 50, provided from the following sums:
(1) If service is 20 or more years, the entire sum accumulated to
his credit for age and service annuity; or
(2) If service is 10 or more but less than 20 years, the entire sum
accumulated to his credit for age and service annuity, from deductions
from salary, plus 1/10 of the sum accumulated for such annuity from
contributions by the city, for each completed year of service after the
first 10 years.
The annuity shall be computed as though the employee were exactly age
50 when the annuity is granted regardless of his age at the time of
application. No such employee has any right to annuity for any time
between the date he attains age 50 and the date he makes application,
nor shall any annuity be payable if he has received a refund of
contributions.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-127) (from Ch. 108 1/2, par. 6-127)
Sec. 6-127.
Future entrants-Re-entry and new fixation.
Except as may be otherwise provided in this Article, no amount of
annuity other than that fixed in accordance with Sections 6-125 and 6-126
shall be granted to any future entrant therein described unless he
re-enters the service before age 63. If such re-entry occurs, the amount of
annuity shall again be fixed as provided herein.
(Source: P.A. 76-1668.)
|
(40 ILCS 5/6-128)
(from Ch. 108 1/2, par. 6-128)
Sec. 6-128. (a) A future entrant who withdraws on or after July 21, 1959,
after completing at least 23 years of service, and for whom the annuity
otherwise provided in this Article is less than that stated in this
Section, has a right to receive annuity as follows:
If he is age 53 or more on withdrawal, his annuity after withdrawal,
shall be equal to 50% of his average salary.
An employee who reaches compulsory retirement age and who has less
than 23 years of service shall be entitled to a minimum annuity equal to
an amount determined by the product of (1) his years of service and (2)
2% of his average salary.
An employee who remains in service after qualifying for annuity under this
Section shall have added to this annuity an additional 1% of average salary
for each completed year of service or fraction thereof rendered until July 21,
1959, and an additional 1% for a total of 2% of average salary from July
21, 1959. Each future entrant who has completed 23 years of service before
reaching age 53 shall have added to this annuity 1% of average salary for
each completed year of service or fraction thereof in excess of 23 years up to
age 53.
(b) In lieu of the annuity provided in the foregoing provisions of this
Section any future entrant who withdraws from the service either (i) after
December 31, 1983 with at least 22 years of service credit and having
attained age 52 in the service, or (ii) after December 31, 1984 with at
least 21 years of service credit and having attained age 51 in the service,
or (iii) after December 31, 1985 with at least 20 years of service credit
and having attained age 50 in the service, or (iv) after December 31,
1990 with at least 20 years of service regardless of age, may elect to
receive an annuity, to begin not earlier than upon attainment of age 50
if under that age at withdrawal, computed as follows: an annuity equal
to 50% of average salary, plus additional annuity equal to 2% of
average salary for each completed year of service or fraction thereof
rendered after his completion of the minimum number of years of service
required for him to be eligible under this subsection (b). However, the
annuity provided under this subsection (b) may not exceed 75% of
average salary.
(c) In lieu of the annuity provided in any other provision of this
Section, a future entrant who withdraws from service after
the effective date of this amendatory Act of the 93rd General Assembly
with at least 20 years of service may elect to receive an annuity, to begin no
earlier than upon attainment of age 50 if under that age at withdrawal, equal
to 50% of average salary plus 2.5% of average salary for each completed year of
service or fraction thereof over 20, but not to exceed 75% of average salary.
(d) For the purpose of this Section, "average salary" means the average
of the highest 4 consecutive years of salary within the last 10 years of
service.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/6-128.1) (from Ch. 108 1/2, par. 6-128.1)
Sec. 6-128.1.
Firemen who have retired prior to September 23, 1971 and firemen who
retire after that and who served 20 or more years before retirement and
whose pensions or annuities are less than $250 per month shall receive such
additional sums as are required to provide to them a minimum pension or
annuity of $250 per month, said minimum to be reached in three stages: $200
per month from and after the effective date; $225 per month beginning
January 1, 1972; and $250 beginning January 1, 1973.
The minimum pensions and annuities established by this Section do not
include any sums to be added to annuity payments by the automatic annual
increases provided by Sections 6-164 and 6-164.1 and such annual increases
shall be paid in addition to the minimum amounts specified in this Section.
(Source: P.A. 78-1242.)
|
(40 ILCS 5/6-128.2)
(from Ch. 108 1/2, par. 6-128.2)
Sec. 6-128.2. Minimum retirement annuities.
(a) Beginning with the monthly payment due in January, 1988, the monthly
annuity payment for any person who is entitled to receive a retirement
annuity under this Article in January, 1990 and has retired from service at
age 50 or over with 20 or more years of service, and for any person who
retires from service on or after January 24, 1990 at age 50 or over
with 20 or more years of service, shall not be less than $475 per month.
The $475 minimum annuity is exclusive of any automatic annual increases
provided by Sections 6-164 and 6-164.1, but not exclusive of previous
raises in the minimum annuity as provided by any Section of this Article.
Beginning January 1, 1992, the minimum retirement annuity payable to
any person who has retired from service at age 50 or over with 20 or more
years of service and is entitled to receive a retirement annuity under this
Article on that date, or who retires from service at age 50 or over with 20
or more years of service after that date, shall be $650 per month.
Beginning January 1, 1993, the minimum retirement annuity payable to
any person who has retired from service at age 50 or over with 20 or more
years of service and is entitled to receive a retirement annuity under this
Article on that date, or who retires from service at age 50 or over with 20
or more years of service after that date, shall be $750 per month.
Beginning January 1, 1994, the minimum retirement annuity payable to
any person who has retired from service at age 50 or over with 20 or more
years of service and is entitled to receive a retirement annuity under this
Article on that date, or who retires from service at age 50 or over with 20
or more years of service after that date, shall be $850 per month.
Beginning January 1, 2004, the minimum retirement annuity payable to any
person who has retired from service at age 50 or over with 20 or more years of
service and is entitled to receive a retirement annuity under this Article on
that date, or who retires from service at age 50 or over with 20 or more years
of service after that date, shall be $950 per month.
Beginning January 1, 2005, the minimum retirement annuity payable to any
person who has retired from service at age 50 or over with 20 or more years of
service and is entitled to receive a retirement annuity under this Article on
that date, or who retires from service at age 50 or over with 20 or more years
of service after that date, shall be $1,050 per month.
Beginning January 1, 2016, the minimum retirement annuity payable to any person who has retired from service at age 50 or over with 20 or more years of service and is entitled to receive a retirement annuity under this Article on that date, or who retires from service at age 50 or over with 20 or more years of service after that date, shall be no less than 125% of the Federal Poverty Level. For purposes of this Section, the "Federal Poverty Level" shall be determined pursuant to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2). The minimum annuities established by this subsection (a) do include
previous raises in the minimum annuity as provided by any Section of this
Article, but do not include any sums which have been added or will be added
to annuity payments by the automatic annual increases provided by Sections
6-164 and 6-164.1. Such annual increases shall be paid in addition to the
minimum amounts specified in this subsection.
(b) Notwithstanding any other provision of this Article, beginning
January 1, 1990, the minimum retirement annuity payable to any person who
is entitled to receive a retirement annuity under this Article on that date
shall be $475 per month.
(c) The changes made to this Section by this amendatory Act of the
93rd General Assembly apply to all persons receiving a retirement
annuity under this Article, without regard to whether the retirement of the
fireman occurred prior to the effective date of this amendatory Act.
(Source: P.A. 99-506, eff. 5-30-16.)
|
(40 ILCS 5/6-128.3) (from Ch. 108 1/2, par. 6-128.3)
Sec. 6-128.3.
Minimum widow's annuities.
(a) Notwithstanding any other provision of this Article, beginning
January 1, 1988, the minimum widow's annuity payable to any person who is
entitled to receive a widow's annuity under this Article shall be $325 per month.
(b) This Section shall apply to all persons receiving a
widow's annuity under this Article, without regard to whether the death or
retirement of the fireman occurred prior to the effective date of this
amendatory Act (P.A. 86-272).
(Source: P.A. 86-272; 86-1028.)
|
(40 ILCS 5/6-128.4)
(from Ch. 108 1/2, par. 6-128.4)
Sec. 6-128.4. Minimum widow's annuities.
(a) Notwithstanding any other provision of this Article, beginning
January 1, 1996, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $700 per
month, without regard to whether the deceased fireman is in service on or after
the effective date of this amendatory Act of 1995.
(b) Notwithstanding Section 6-128.3, beginning January 1, 1994, the
minimum widow's annuity under this Article shall be $700 per month for (1) all
persons receiving widow's annuities on that date who are survivors of employees
who retired at age 50 or over with at least 20 years of service, and (2)
persons who become eligible for widow's annuities and are survivors of
employees who retired at age 50 or over with at least 20 years of service.
(c) Notwithstanding Section 6-128.3, beginning January 1, 1999, the
minimum widow's annuity under this Article shall be $800 per month for (1) all
persons receiving widow's annuities on that date who are survivors of employees
who retired at age 50 or over with at least 20 years of service, and (2)
persons who become eligible for widow's annuities and are survivors of
employees who retired at age 50 or over with at least 20 years of service.
(d) Notwithstanding Section 6-128.3, beginning January 1, 2004, the
minimum widow's annuity under this Article shall be $900 per month for all
persons receiving widow's annuities on or after that date, without regard to
whether the deceased fireman is in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(e) Notwithstanding Section 6-128.3, beginning January 1, 2005, the
minimum widow's annuity under this Article shall be $1,000 per month for all
persons receiving widow's annuities on or after that date, without regard to
whether the deceased fireman is in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(f) Notwithstanding Section 6-128.3, beginning January 1, 2017 and until January 1, 2023, the minimum widow's annuity under this Article shall be no less than 125% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased fireman is in service on or after the effective date of this amendatory Act of the 99th General Assembly. Notwithstanding Section 6-128.3, beginning January 1, 2023, the minimum widow's annuity under this Article shall be no less than 150% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased fireman is in service on or after the effective date of this amendatory Act of the 102nd General Assembly. For purposes of this Section, "Federal Poverty Level" means the poverty guidelines applicable to an individual in a single-person household located in Illinois, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2). (Source: P.A. 102-884, eff. 5-13-22.)
|
(40 ILCS 5/6-129) (from Ch. 108 1/2, par. 6-129)
Sec. 6-129.
Widow's prior service annuity.
"Widow's Prior Service Annuity" shall be credited for the widow of a
male present employee for service prior to the effective date, in
accordance with the "Firemen's Annuity and Benefit Fund Act of the Illinois
Municipal Code" and this Article.
For a present employee in service on August 31, 1957, and under age 57
on that date, the annuity so provided shall be improved by interest at 4%
per year during his subsequent service. For a present employee in the
service on August 31, 1957, and over age 57 on that date, the annuity so
provided shall be improved by interest at such rate in the manner stated in
Section 6-132 of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-130) (from Ch. 108 1/2, par. 6-130)
Sec. 6-130.
Widow's annuity.
"Widow's Annuity" shall be provided for the widows of firemen for
service after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-131) (from Ch. 108 1/2, par. 6-131)
Sec. 6-131.
Amount of present employee's widow's annuity on effective date.
The amount of annuity for the wife of a present employee who attains age
57 or more on or before the effective date shall be fixed on the effective
date as of the age of the wife at the time the employee attained age 57.
The widow shall receive annuity, from the date of the employee's death of
such amount as can be provided on a reversionary annuity basis from the
employee's credit for such annuity on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-133) (from Ch. 108 1/2, par. 6-133)
Sec. 6-133.
Widow's annuity-All employees-Death in service before
age 63.
The widow of an employee who dies in service before age 63 is
entitled to receive annuity, from the date of his death, of the amount
provided on a single life annuity basis from the total sum accumulated
to his credit at his death for age and service annuity, widow's annuity,
and if a present employee, prior service and widow's prior service
annuity; but no part of such credits which represent the city
contributions shall be used to provide annuity for the widow in excess
of the maximum widow's annuity provided in this Article. The annuity
shall be computed as of the date of the employee's death.
(Source: P.A. 76-1668.)
|
(40 ILCS 5/6-134) (from Ch. 108 1/2, par. 6-134)
Sec. 6-134.
Widow's annuity - all employees - withdrawal before age 63
and after age 50.
The widow's annuity and widow's prior service annuity for the wife of
an employee who (1) attained age 50 or more but less than age 63 while
in service and (2) served 10 or more years and (3) withdraws from
service, shall be fixed as of her age at the time of his withdrawal. The
annuity, payable from and after the date of his death, shall be such
amount as can be provided on a reversionary annuity basis from the
following sums accumulated to his credit on the date the annuity was
fixed:
(1) If service is 20 or more years, the entire sum accumulated to
his credit for widow's annuity and, for a present employee, widow's
prior service annuity; or
(2) If service is 10 or more but less than 20 years, the sum
accumulated to his credit for widow's annuity
from salary deductions, plus 1/10 of the sum accumulated to his credit
for widow's annuity, and,
if a present employee, widow's prior service annuity, from contributions
by the city for each completed year of service after the first 10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-135) (from Ch. 108 1/2, par. 6-135)
Sec. 6-135.
Widow's annuity - All employees - Withdrawal before age
50 - Death after age 50.
The widow's annuity and widow's prior service annuity for the wife of
an employee who withdraws after service of 10 or more years before age
50, and later attains such age and dies while out of service, shall be
fixed as of her age at the time the employee becomes age 50. She shall
receive annuity, from the date of the employee's death, of such amount
as can be provided on a reversionary annuity basis from the following
sums accumulated to his credit on the date the annuity was fixed:
(1) If service is 20 or more years, the entire sum accumulated to
his credit for widow's annuity, and, for a present employee, widow's
prior service annuity;
(2) If service is 10 or more but less than 20 years, the sum
accumulated to his credit for widow's annuity from salary deductions,
plus 1/10 of the sum accumulated to his credit for widow's annuity, and,
for a present employee, widow's prior service annuity, from
contributions by the city, for each completed year of service after the
first 10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-136) (from Ch. 108 1/2, par. 6-136)
Sec. 6-136.
Widow's annuity - All employees - Withdrawal and death
before age 50.
The widow of an employee who (1) has served 10 or more years and (2)
withdraws before age 50, and (3) dies out of service before age 50,
shall receive annuity, from the date of his death of the amount provided
on a reversionary annuity basis from the following sums to his credit on
the date of his death:
(1) If service is 20 or more years, the entire sum accumulated to
his credit for age and service annuity, widow's annuity, and, for a
present employee, prior service and widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the sum
accumulated to his credit for age and service annuity, and widow's
annuity, and, in the case of a present employee, prior service annuity
from employee contributions, plus 1/10 of the sum credited for age and
service annuity, widow's annuity, and, for a present employee, prior
service and widow's prior service annuity, from contributions by the
city, for each completed year of service after the first 10 years.
The annuity shall be computed as of the age of the widow at the date
of the employee's death.
No part of city contributions shall be used to provide annuity for a
widow in excess of that to which she would have had a right to receive
if the employee had lived until age 50 and had not re-entered service
and the annuity were then fixed for the widow on a reversionary annuity
basis as of her age on the date when her husband would have attained age
50.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-137) (from Ch. 108 1/2, par. 6-137)
Sec. 6-137.
Widow's annuity-Re-entry and new fixation.
Annuity in excess of that fixed in Sections 6-134 and 6-135 shall not
be granted to the widow of an employee described therein unless the
employee re-enters the service before age 63, in which case the annuity for
his wife shall be fixed when he again withdraws or dies, whichever event
first occurs, as of her age at the time the annuity is fixed.
(Source: P.A. 76-1668.)
|
(40 ILCS 5/6-138) (from Ch. 108 1/2, par. 6-138)
Sec. 6-138.
Widow's annuity-Determination of age of widow.
Widow's annuity shall be computed as herein provided, except that the
maximum age of the widow for annuity purposes for the wife or widow of any
employee entering service prior to July 1, 1953, shall not be more than 5
years less than the age of the employee as of the date when such wife's or
widow's annuity is fixed; and for the widow of a future entrant entering
service after June 30, 1953, her maximum age for annuity purposes shall in
no event be more than the age of her husband as of the date when such
wife's or widow's annuity is fixed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-139) (from Ch. 108 1/2, par. 6-139)
Sec. 6-139.
Widow's annuity - Limitations after fixation.
Except as may be otherwise provided in this Article, (a) no salary deductions
or contributions by the city for
widow's annuity shall be
made after such annuity has been fixed; (b) no widow's annuity in excess
of that fixed in accordance with this Article shall be granted; and (c)
no service rendered after the time of fixing shall be considered for
widow's annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140) Sec. 6-140. Death in the line of duty. (a) The annuity for the widow of a fireman whose death results from the performance of an act or acts of duty shall be an amount equal to 50% of the current annual salary attached to the classified position to which the fireman was certified at the time of his death and 75% thereof after December 31, 1972. Unless the performance of an act or acts of duty results directly in the death of the fireman, or prevents him from subsequently resuming active service in the fire department, the annuity herein provided shall not be paid; nor shall such annuities be paid unless the widow was the wife of the fireman at the time of the act or acts of duty which resulted in his death. For the purposes of this Section only, the death of any fireman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the fireman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any fireman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the fireman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a fireman contracted COVID-19 under this paragraph, the date of contraction is either the date that the fireman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. (b) The changes made to this Section by this amendatory Act of the 92nd General Assembly apply without regard to whether the deceased fireman was in service on or after the effective date of this amendatory Act. In the case of a widow receiving an annuity under this Section that has been reduced to 40% of current salary because the fireman, had he lived, would have attained the age prescribed for compulsory retirement, the annuity shall be restored to the amount provided in subsection (a), with the increase beginning to accrue on the later of January 1, 2001 or the day the annuity first became payable.(Source: P.A. 103-692, eff. 7-19-24.) |
(40 ILCS 5/6-141) (from Ch. 108 1/2, par. 6-141)
Sec. 6-141.
Minimum widow's annuities after July 1, 1935-Widow of pensioner under
prior act.
Whenever the annuity under any provision of this Article for a widow of
a fireman described in this section is less than $45 per month, the
following described widows shall receive $45 per month after July 1, 1935,
or after the death of the fireman if such death occurs on or after July 1,
1935, and prior to July 1, 1969, and $100 per month if the death of the
fireman occurs on or after
July 1, 1969, and from and after August 19, 1971 a minimum widow's annuity
of $150 per month to July 1,
1975, $175 a month after July 1, 1975 and before January 1, 1976, and $200
a month after January 1, 1976 and before July 1, 1981, and $250 a month
beginning July 1, 1981,
shall be paid to all widows hereinafter described, without regard to the
fact that the death of the fireman occurred
before the applicable minimum rate was established by law, provided
that the $175 a month or $200 a month or $250 a month minimum rates apply only
in the event the fireman had at least 10 years of service credit
at his date of death in the service:
(a) the widow of a fireman who dies in service; (b)
the widow of a fireman who withdraws after 20 or more years of service and
who enters upon annuity after age 50 or more, provided, that the widow is
married to the fireman before he withdraws from service; (c) the widow of
a fireman who has served 20 or more years and who withdraws from service
before age 50 and who dies before he enters upon an annuity, provided, that the
widow is married to the fireman before he withdraws from service.
The widow of a fireman who was receiving a pension under "An Act to
provide for a firemen's pension fund and to create a board of trustees to
administer said fund in cities having a population exceeding two hundred
thousand (200,000) inhabitants", in force July 1, 1917, shall be paid a
pension of $45 per month. Such pension, however, shall not be allowed if
the widow married the fireman pensioner subsequent to the date of his
retirement with a pension under said Act and after June 30, 1915.
The widow of a fireman who retires from service after
December 31, 1975 or who dies while in service after December 31, 1975 and
on or after the date on which he becomes eligible to retire under
Section 6-128 shall, if she is otherwise eligible for a widow's annuity
under this Article and if the amount determined under this Section is more
than the total combined amounts of her widow's annuity and widow's prior
service annuity, receive, in lieu of such other widow's annuity and widow's
prior service annuity, a widow's annuity equal to 40% of the amount of annuity
which her deceased fireman husband received as of the date of his retirement
on annuity or if he dies in the service prior to retirement on annuity a
widow's
annuity equal to 40% of the amount of annuity her deceased fireman husband
would have been entitled to receive if he had retired on the day before the
date of his death in the service, except that if the age of the wife at date
of retirement or the age of the widow at date of death in the service is more
than 5 years younger than her fireman husband, the amount of such annuity shall be
reduced by 1/2 of 1% for each such month and fraction thereof that she is more than
5 years younger at date of retirement or at date of death subject to a maximum
reduction of 50%. However, no annuity under this Section shall exceed $500.00
per month.
This Section does not apply to the widow of any former fireman who
was receiving an annuity from the fund on December 31, 1975 and who re-enters
service as a fireman, unless he renders at least 3 years of additional
service after re-entry.
(Source: P.A. 82-342.)
|
(40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
Sec. 6-141.1.
(a) Notwithstanding the other provisions of this Article,
the widow of a fireman who dies on or after June 30, 1984, while receiving
a retirement annuity or while an active fireman with at least 1 1/2 years
of creditable service, may elect to have the amount of widow's annuity calculated in
accordance with this Section.
(b) If the deceased fireman was an active fireman at the time of his death
and had at least 1 1/2 years of creditable service, the widow's annuity
shall be the greater of (1) 30% of the salary attached to the rank of
first class firefighter
in the classified career service at the time of the fireman's death, or
(2) 50% of the retirement annuity the deceased fireman would have been
eligible to receive if he had retired from service on the day before his death.
(c) If the deceased fireman was receiving a retirement annuity at the
time of his death, the widow's annuity shall be equal to 50% of the amount
of such retirement annuity at the time of the fireman's death.
(Source: P.A. 84-11.)
|
(40 ILCS 5/6-141.2)
Sec. 6-141.2. Minimum annuity for certain widows.
Notwithstanding the other provisions of this Article, the widow's
annuity payable to the widow of a fireman who dies on or after July 1, 1997
while an active fireman with at least 10 years of creditable service shall be
no less than 50% of the retirement annuity that the deceased fireman would have
been eligible to receive if he had attained age 50 and 20 years of service on
the day before his death and retired on that day. In the case of a widow's
annuity that is payable on the effective date of this amendatory Act of the
93rd General Assembly, the increase provided by this Section, if any, shall
begin to accrue on the first annuity payment date following that effective
date.
(Source: P.A. 93-654, eff. 1-16-04.) |
(40 ILCS 5/6-142)
(from Ch. 108 1/2, par. 6-142)
Sec. 6-142. Wives and widows not entitled to annuities.
(A) Except as provided in subsection (B), the following wives
or widows have no right to annuity from the fund:
(a) A wife or widow married subsequent to the | ||
| ||
(b) A wife or widow of a fireman who withdraws, | ||
| ||
(c) A wife or widow of a fireman who (1) has served | ||
| ||
(d) A wife or widow of a fireman who dies out of | ||
| ||
(e) A wife whose marriage was dissolved or widow of a | ||
| ||
(f) A wife or widow who married the fireman while he | ||
| ||
(B) Beginning on January 16, 2004, the limitation on marriage after withdrawal
under subdivision (A)(b) and the limitation on marriage during disability
under subdivision (A)(f) no longer apply to a widow who was married to the
deceased fireman for at least one year immediately preceding the date of death, regardless
of whether the deceased fireman is in service on or after the effective date
of Public Act 93-654 or this amendatory Act of the 93rd General Assembly; except that this
subsection (B) does not apply to the widow of a fireman who received a refund
of contributions for widow's annuity under Section 6-160, unless the refund
is repaid to the Fund, with interest at the rate of 4% per year, compounded
annually, from the date of the refund to the date of repayment. If the widow
of a fireman who died before January 16, 2004 becomes
eligible for a widow's annuity because of Public Act 93-654, the annuity
shall begin to accrue on the date of application for the annuity, but in no
event sooner than January 16, 2004. The changes to this Section made by this amendatory Act of the 93rd General Assembly apply without regard to whether the deceased fireman was in service on or after its effective date. If the widow
of a fireman who died before the effective date of this amendatory Act of the 93rd General Assembly becomes
eligible for a widow's annuity because of this amendatory Act, the annuity
shall begin to accrue on the date of application for the annuity, but in no
event sooner than January 16, 2004.
(Source: P.A. 93-654, eff. 1-16-04; 93-917, eff. 8-12-04.)
|
(40 ILCS 5/6-143)
(from Ch. 108 1/2, par. 6-143)
Sec. 6-143. Widow's remarriage.
(a) Beginning on the effective date of this amendatory Act of the
93rd General Assembly, a widow's annuity shall no longer be subject to
termination or suspension under this Section due to remarriage. Any widow's
annuity that was previously terminated or suspended under this Section by
reason of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date of this amendatory
Act. The resumption shall not be retroactive. This subsection (a) applies
regardless of whether or not the deceased fireman was in service on or after
the effective date of this amendatory Act.
(b) This subsection (b) does not apply on or after the effective date of
this amendatory Act of the 93rd General Assembly.
Any annuity granted to a widow who remarries on or after December 31, 1989
shall be suspended when she remarries, unless (i) she remarries after attaining
the age of 60 regardless of whether or not the deceased fireman was in service
on or after the effective date of this amendatory Act of 1995 or (ii) she has
been granted a Section 6-140 annuity as the widow of a fireman killed in
performance of duty. An annuity suspended under this Section shall, upon
application, be resumed if the subsequent marriage ends by dissolution of
marriage, declaration of invalidity of marriage, or the death of the husband;
this resumption shall not be retroactive.
If a widow remarries after attaining age 60 or after she has been granted
an annuity under Section 6-140 and the remarriage takes place after December
31, 1989, regardless of whether or not the deceased fireman was in service on
or after the effective date of this amendatory Act of 1995, the
widow's annuity shall continue without interruption.
Any widow's annuity that was previously terminated by reason of remarriage
prior to December 31, 1989 or suspended shall, upon application, be resumed,
as of the date of the application, if the subsequent marriage ended by
dissolution of marriage, declaration of invalidity of marriage, or the death of
the husband, regardless of whether or not the deceased fireman was in service
on the effective date of this amendatory Act of 1995; this resumption shall
not be retroactive.
When a widow dies, if she has not received, in the form of an annuity, an
amount equal to the accumulated employee contributions for widow's annuity, the
difference between such accumulated contributions and the sum received by her,
along with any part of the accumulated contributions for age and service
annuity remaining in the fund at her death, shall be refunded to the fireman's
children, in equal parts to each; except that if a child is less than age 18,
the part of any such amount that is required to pay an annuity to the child
shall be transferred to the child's annuity reserve. If no children or
descendants thereof survive the fireman, the refund shall be paid to the estate
of the fireman. In making refunds under this Section, no interest shall be
considered upon either the total of annuity payments made or the amounts
subject to refund.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/6-143.1) (from Ch. 108 1/2, par. 6-143.1)
Sec. 6-143.1.
Pensions to survivors of female firemen.
All provisions of
this Article relating to annuities or benefits to a widow, children or other
survivors of a male fireman shall apply with equal force to a surviving
spouse, children or other survivors of a female fireman.
(Source: P.A. 80-899.)
|
(40 ILCS 5/6-143.2) (from Ch. 108 1/2, par. 6-143.2)
Sec. 6-143.2.
Widows - double annuity.
If any widow (1) receives a
widow's annuity from the Fund, and (2) after December 31, 1989 marries a
fireman who is a participant in this Fund, and (3) the fireman dies and a
second widow's annuity thereby becomes payable, then the first widow's
annuity shall be cancelled at the time the widow accepts any payment of the
second widow's annuity. Any refund due because of the cancelled annuity
shall be paid to the widow.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/6-144) (from Ch. 108 1/2, par. 6-144)
Sec. 6-144.
No annuity in excess of 75% of the highest salary received by
the fireman concerned shall be granted or paid to him except to the extent
that the annuity may exceed such 75% under the provisions of Section 6-164
of this Article.
(Source: P.A. 77-1353.)
|
(40 ILCS 5/6-145) (from Ch. 108 1/2, par. 6-145)
Sec. 6-145.
Mortality tables and interest rates.
Any annuity fixed for or granted to a present employee or future entrant
who entered service prior to July 1, 1953, or to his widow, shall be
computed according to the American Experience Table of Mortality. The rate
of interest to be used for all purposes of this Article on account of such
persons shall be 4% per annum.
Annuities for future entrants entering service after June 30, 1953, and
for widows and persons having a right to annuities or benefits through such
future entrants, shall be computed according to the Combined Annuity
Mortality Table, rated back 4 years for female lives. The rate of interest
for all purposes of this Article on account of such future entrants and
their beneficiaries shall be 3% per annum.
All sums to the credit of a fireman for annuity purposes at the time he
withdraws before age 50 shall be improved to his credit thereafter by
interest while he is out of service and has not entered upon annuity until
he attains age 57. Such interest shall be 4% per annum if he is a present
employee or a future entrant who entered service prior to July 1, 1953, or
3% per annum if he is a future entrant who enters service after June 30,
1953. Any annuity fixed for or granted to such employees who entered
service prior to July 1, 1953, and who have not re-entered the service
prior to the time such annuity is fixed or granted, or any annuity fixed
for or granted to a widow of any such employee shall be computed according
to the American Experience Table of Mortality with interest at 4% per
annum, and any annuity fixed for or granted to any such future entrant who
entered service subsequent to June 30, 1953 or his widow shall be computed
according to the Combined Annuity Mortality Table rated back 4 years for
female lives and with interest at 3% per annum.
The amount of widow's annuity or widow's prior service annuity which
shall be fixed for the wife of a fireman while he is alive shall be a
reversionary annuity computed according to the applicable table of
mortality.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-146) (from Ch. 108 1/2, par. 6-146)
Sec. 6-146.
Term annuities-How computed.
Whenever the sum to a fireman's credit for an annuity to him or his
widow is insufficient to provide a life annuity of $25 per month to either
of them, a term annuity of such amount of equal actuarial value shall be
payable for the period of time established as the term period. Such annuity
shall cease upon death prior to the end of the term period.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-147) (from Ch. 108 1/2, par. 6-147)
Sec. 6-147.
Child's annuity.
A "Child's Annuity" shall be provided for unmarried natural or adopted
children of firemen payable monthly from the date of death of the fireman
parent of a child until the annuitant attains age 18.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-148) (from Ch. 108 1/2, par. 6-148)
Sec. 6-148. A child's annuity, shall be paid for the benefit of any
unmarried child, less than age 18, of any following described firemen:
(a) A fireman whose death results from the performance of any act or
acts of duty; (b) a fireman who dies in service from any cause; (c) a
fireman who withdraws subsequent to age 50 and who enters upon or is
eligible for annuity; and (d) a fireman having at least 20 years of
service who withdraws and dies before he enters upon annuity.
The annuity shall be paid without regard to the fact that the death
of the deceased fireman parent may have occurred prior to the effective
date of this amendatory Act and shall be paid monthly in an amount equal
to 15% of the current annual maximum salary attached to the classified
civil service position of fire fighter if no widow survives and 10% of
such salary while the widow survives and no age limitation in this
Section shall apply to a child who is so physically or mentally
handicapped as to be unable to support himself; provided, if annuities
for the widow and children of a fireman who dies on or after the
effective date and whose death has been the result of an act or acts of
duty performed on or after said date, or for the children in any such
case wherein a widow shall not exist, computed at the rates hereinbefore
stated, would exceed the final annual salary of a first class fireman,
(one who receives maximum salary for classified civil service rank of
fire fighter), the annuity for each child shall be reduced pro rata so
that the combined annuities for the family of the fireman shall not
exceed such amount; and in the case of the family of a fireman who dies
on or after said date and whose death is the result of any cause or
causes other than injury incurred in the performance of an act or acts
of duty in which annuities for such family, computed at the rates
hereinbefore stated would exceed 60% of the final annual salary of a
first class fireman, the annuity of each child shall be reduced pro rata
so that the combined annuities for the family do not exceed such
limitation.
Child's annuity shall be paid to the parent who is providing for the
child, unless another person is appointed by a court of law as the
child's guardian.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/6-149) (from Ch. 108 1/2, par. 6-149)
Sec. 6-149.
"Parent's annuity" shall be provided for the natural parent or parents
of a fireman who dies on or after the effective date while in active
service, or is disabled and in receipt of or pending receipt of disability
benefit, or upon leave of absence with whole or part pay, or upon leave of
absence without pay during a period of not more than 3 months in the
aggregate, or in receipt of annuity granted after 20 years of service, or
while out of the service after 20 years of service and pending receipt of
annuity to which the fireman has a right upon attainment of age 50 or more;
provided, that at the time of the fireman's death, no widow or unmarried
child under 18 years of age entitled to annuity survives him; and, provided
further, that satisfactory proof shall be made to the board that the
fireman was contributing to the support of his parent or parents.
Parent's annuity shall be 18% of the current annual salary attached to
the classified position held by the fireman at the time of his death or
retirement and each surviving parent shall be entitled to receive said 18%
annuity on a monthly basis.
(Source: P.A. 77-1359.)
|
(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150) Sec. 6-150. Death benefit. (a) Effective January 1, 1962, an ordinary death benefit shall be payable on account of any fireman in service and in receipt of salary on or after such date, which benefit shall be in addition to all other annuities and benefits herein provided. This benefit shall be payable upon death of a fireman: (1) occurring in active service while in receipt of | ||
| ||
(2) on an authorized and approved leave of absence, | ||
| ||
(3) receiving duty, occupational disease, or ordinary | ||
| ||
(4) occurring within 60 days from the date of | ||
| ||
(5) occurring on retirement and while in receipt of | ||
| ||
(b) The ordinary death benefit shall be payable to such beneficiary or beneficiaries as the fireman has nominated by written direction duly signed and acknowledged before an officer authorized to take acknowledgments, and filed with the board. If no such written direction has been filed or if the designated beneficiaries do not survive the fireman, payment of the benefit shall be made to his estate. (c) Beginning July 1, 1983, if death occurs prior to retirement on annuity and before the fireman's attainment of age 50, the amount of the benefit payable shall be $12,000. Beginning July 1, 1983, if death occurs prior to retirement, at age 50 or over, the benefit of $12,000 shall be reduced $400 for each year (commencing on the fireman's attainment of age 50 and thereafter on each succeeding birth date) that the fireman's age, at date of death, is more than age 49, but in no event below the amount of $6,000. Beginning July 1, 1983, if the fireman's death occurs while he is in receipt of an annuity, the benefit shall be $6,000. (d) For the purposes of this Section only, the death of any fireman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the fireman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any fireman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the fireman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a fireman contracted COVID-19 under this subsection, the date of contraction is either the date that the fireman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. (Source: P.A. 103-692, eff. 7-19-24.) |
(40 ILCS 5/6-151) (from Ch. 108 1/2, par. 6-151) Sec. 6-151. An active fireman who is or becomes disabled on or after the effective date as the result of a specific injury, or of cumulative injuries, or of specific sickness incurred in or resulting from an act or acts of duty, shall have the right to receive duty disability benefit during any period of such disability for which he does not receive or have a right to receive salary, equal to 75% of his salary at the time the disability is allowed. However, beginning January 1, 1994, no duty disability benefit that has been payable under this Section for at least 10 years shall be less than 50% of the current salary attached from time to time to the rank and grade held by the fireman at the time of his removal from the Department payroll, regardless of whether that removal occurred before the effective date of this amendatory Act of 1993. Whenever an active fireman is or becomes so injured or sick, as to require medical or hospital attention, the chief officer of the fire department of the city shall file, or cause to be filed, with the board a report of the nature and cause of his disability, together with the certificate or report of the physician attending or treating, or who attended or treated the fireman, and a copy of any hospital record concerning the disability. Any injury or sickness not reported to the board in time to permit the board's physician to examine the fireman before his recovery, and any injury or sickness for which a physician's report or copy of the hospital record is not on file with the board shall not be considered for the payment of duty disability benefit. Such fireman shall also receive a child's disability benefit of $30 per month on account of each unmarried child, the issue of the fireman or legally adopted by him, who is less than 18 years of age or handicapped and dependent upon the fireman for support. The total amount of child's disability benefit shall not exceed 25% of his salary at the time the disability is allowed. The first payment of duty disability or child's disability benefit shall be made not later than one month after the benefit is granted. Each subsequent payment shall be made not later than one month after the date of the latest payment. Duty disability benefit shall be payable during the period of the disability until the fireman reaches the age of compulsory retirement. Child's disability benefit shall be paid to such a fireman during the period of disability until such child or children attain age 18 or marries, whichever event occurs first; except that attainment of age 18 by a child who is so physically or mentally handicapped as to be dependent upon the fireman for support, shall not render the child ineligible for child's disability benefit. The fireman shall thereafter receive such annuity or annuities as are provided for him in accordance with other provisions of this Article. For the purposes of this Section only, any fireman who becomes disabled as a result of exposure to and contraction of COVID-19, as evidenced by either a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or a confirmed diagnosis of COVID-19 from a licensed medical professional shall: (1) be rebuttably presumed to have contracted | ||
| ||
(2) be rebuttably presumed to have been injured while | ||
| ||
(3) be entitled to receive a duty disability benefit | ||
| ||
The presumption shall apply to any fireman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022; except that the presumption shall not apply if the fireman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a fireman contracted COVID-19 under this paragraph, the date of contraction is either the date that the fireman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. It is the intent of the General Assembly that the change made by this amendatory Act shall apply retroactively to March 9, 2020, and any fireman who has been previously denied a duty disability benefit that would otherwise be entitled to duty disability benefit under this Section shall be entitled to retroactive benefits and duty disability benefit. (Source: P.A. 103-2, eff. 5-10-23; 103-692, eff. 7-19-24.) |
(40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1) Sec. 6-151.1. The General Assembly finds and declares that service in the Fire Department requires that firemen, in times of stress and danger, must perform unusual tasks; that by reason of their occupation, firemen are subject to exposure to great heat and to extreme cold in certain seasons while in performance of their duties; that by reason of their employment firemen are required to work in the midst of and are subject to heavy smoke fumes and carcinogenic, poisonous, toxic or chemical gases from fires; and that in the course of their rescue and paramedic duties firemen are exposed to disabling infectious diseases, including AIDS, hepatitis C, and stroke. The General Assembly further finds and declares that all the aforementioned conditions exist and arise out of or in the course of such employment. Any active fireman who has completed 7 or more years of service and is unable to perform his duties in the Fire Department by reason of heart disease, tuberculosis, breast cancer, any disease of the lungs or respiratory tract, AIDS, hepatitis C, stroke, or a contagious staph infection, including methicillin-resistant Staphylococcus aureus (MRSA), resulting from his service as a fireman, shall be entitled to receive an occupational disease disability benefit during any period of such disability for which he does not have a right to receive salary. Any active fireman who has completed 7 or more years of service and is unable to perform his duties in the fire department by reason of a disabling cancer, which develops or manifests itself during a period while the fireman is in the service of the department, shall be entitled to receive an occupational disease disability benefit during any period of such disability for which he does not have a right to receive salary. In order to receive this occupational disease disability benefit, the type of cancer involved must be a type which may be caused by exposure to heat, radiation or a known carcinogen as defined by the International Agency for Research on Cancer. Any fireman receiving a retirement annuity shall be entitled to an occupational disease disability benefit under this Section if the fireman (1) has not reached the age of compulsory retirement, (2) has not been receiving a retirement annuity for more than 5 years, and (3) has a condition that would have qualified the fireman for an occupational disease disability benefit under this Section if he or she was an active fireman. A fireman who receives an occupational disease disability benefit in accordance with this paragraph may not receive a retirement annuity during the period in which he or she receives an occupational disease disability benefit. The occupational disease disability benefit shall terminate upon the fireman reaching the age of compulsory retirement. Any fireman who shall enter the service after the effective date of this amendatory Act shall be examined by one or more practicing physicians appointed by the Board, and if that examination discloses impairment of the heart, lungs, or respiratory tract, or the existence of AIDS, hepatitis C, stroke, cancer, or a contagious staph infection, including methicillin-resistant Staphylococcus aureus (MRSA), then the fireman shall not be entitled to receive an occupational disease disability benefit unless and until a subsequent examination reveals no such impairment, AIDS, hepatitis C, stroke, cancer, or contagious staph infection, including methicillin-resistant Staphylococcus aureus (MRSA). The occupational disease disability benefit shall be 65% of the fireman's salary at the time of his removal from the Department payroll. However, beginning January 1, 1994, no occupational disease disability benefit that has been payable under this Section for at least 10 years shall be less than 50% of the current salary attached from time to time to the rank and grade held by the fireman at the time of his removal from the Department payroll, regardless of whether that removal occurred before the effective date of this amendatory Act of 1993. Such fireman also shall have a right to receive child's disability benefit of $30 per month on account of each unmarried child who is less than 18 years of age or handicapped, dependent upon the fireman for support, and either the issue of the fireman or legally adopted by him. The total amount of child's disability benefit payable to the fireman, when added to his occupational disease disability benefit, shall not exceed 75% of the amount of salary which he was receiving at the time of the grant of occupational disease disability benefit. The first payment of occupational disease disability benefit or child's disability benefit shall be made not later than one month after the benefit is granted. Each subsequent payment shall be made not later than one month after the date of the latest payment. Occupational disease disability benefit shall be payable during the period of the disability until the fireman reaches the age of compulsory retirement. Child's disability benefit shall be paid to such a fireman during the period of disability until such child or children attain age 18 or marry, whichever event occurs first; except that attainment of age 18 by a child who is so physically or mentally handicapped as to be dependent upon the fireman for support, shall not render the child ineligible for child's disability benefit. The fireman thereafter shall receive such annuity or annuities as are provided for him in accordance with other provisions of this Article.(Source: P.A. 104-284, eff. 8-15-25.) |
(40 ILCS 5/6-151.2) Sec. 6-151.2. Disability benefits; terminally ill. Notwithstanding any other provision of Sections 6-151, 6-151.1, and 6-154, an active fireman who is certified to be terminally ill by a Board-appointed physician may, upon such certification, make application with the Board for a determination that the participant is eligible to receive a disability benefit, even though, at the time, the participant has the right to receive salary. However, an active fireman may not receive any such disability benefit payments at the same time the participant receives salary.
(Source: P.A. 95-1036, eff. 2-17-09.) |
(40 ILCS 5/6-152) (from Ch. 108 1/2, par. 6-152)
Sec. 6-152.
Ordinary disability benefits.
Any fireman who is not eligible for minimum annuity, who becomes
disabled after the effective date as the result of any cause other than
the performance of an act or acts of duty, shall have a right to
receive ordinary disability benefit during any period or periods of such
disability, after the first 30 days of disability. Payment of such
benefits shall not exceed, in the aggregate, throughout the entire
service of the fireman, a period equal to 1/2 of the total service
rendered by him prior to the time he became disabled, but not to exceed
5 years. In computing such period of service, the time that the fireman
received ordinary disability benefit shall not be included.
The first payment of the benefit shall be made not later than one
month after the benefit is granted and each subsequent payment shall be
made not later than one month after the time when the latest payment was
made.
When a disabled fireman becomes eligible for minimum annuity, the
disability benefit shall cease and he shall thereafter receive such
annuity or annuities as are provided for him in accordance with other
provisions of this Article.
Ordinary disability benefit shall be 50% of the fireman's salary at
the time the disability occurs. Before any payment is made, a sum
ordinarily deducted from the fireman's salary for annuity purposes
during a period of time equal to that for which such payment of ordinary
disability benefit is to be made shall be deducted from such payment and
credited to him as a deduction from his salary for such period. The sums
so credited shall be regarded, for annuity and refund purposes, as sums
contributed by the fireman.
(Source: P.A. 84-11.)
|
(40 ILCS 5/6-153) (from Ch. 108 1/2, par. 6-153)
Sec. 6-153.
Proof of duty, occupational disease, or ordinary disability
shall be furnished to the Board by at least one licensed and practicing
physician appointed by the Board. In cases where the Board requires the
applicant to obtain a second opinion, the applicant may select a physician
from a list of qualified licensed and practicing physicians which shall be
established and maintained by the board. The Board may require other
evidence of disability. A disabled fireman who is receiving a duty,
occupational disease, or ordinary disability benefit shall be examined at
least once a year or such longer period as determined by the Board, by one or more licensed and practicing physicians
appointed by the board; however such examination may be waived by
the Board if the appointed physician certifies in writing to the Board that
the disability of the fireman is of such a nature as to render him
permanently disabled and unable ever to return to service.
When the disability ceases, the Board shall discontinue payment of the
benefit and the fireman shall be returned to service in his proper rank or grade.
(Source: P.A. 96-727, eff. 8-25-09.)
|
(40 ILCS 5/6-154) (from Ch. 108 1/2, par. 6-154)
Sec. 6-154.
Administration of disability benefits.
If a fireman who is granted any type of disability benefit under this
Article refuses to submit to examination by any physician appointed by
the board, he shall have no further right to receive the benefit.
A fireman who has withdrawn while disabled and entered upon annuity,
and who re-enters the service on or after the date of withdrawal, and
who has not served at least one year subsequent to the date of such
re-entry, shall not receive ordinary disability benefit in excess of the
amount he has previously received as pension on account of disability,
or as annuity, for an equal period of disability. This provision shall
apply throughout the duration of any disability incurred by the fireman
within one year after his reinstatement resulting from any cause other
than the performance of an act or acts of duty.
No disability benefit shall be paid on account of any form of
disability for any period of time for which a disabled fireman has a
right to receive any part of his salary, under any law or ordinance in
effect in the city.
If a disabled fireman receives compensation from the city for such
disability under the Workers' Compensation Act or Occupational Diseases
Act, the disability benefit provided herein shall be reduced by any
amount so received, if such amount is less than the amount of the
benefit; and if the amount received as compensation exceeds the amount
of the disability benefit, the fireman shall not receive such disability
benefit until the benefit payable, accumulated at the rate herein
stated, equals the amount of such compensation without consideration of
interest.
If the widow, child or children, or parent or parents (or any of
these persons) of any fireman whose death results from an act or acts of
duty receives any compensation from the city under the Workers'
Compensation Act or Occupational Diseases Act, the annuities herein
provided for such beneficiaries shall be reduced by any amounts so
received, if such amounts are less than the amount of the annuity or
annuities. If the amount or amounts received as compensation exceed the
amount or amounts of the annuity or annuities for the widow, child or
children, or parent or parents, the annuities shall not be payable until
the accumulated value of the annuity or annuities at the rate herein
stated equals the amount of such compensation without consideration of
interest. In making such adjustment, the annuity to the widow shall
first be reduced.
Disability pension or disability benefit shall not be paid to any
fireman while he resides outside the State of Illinois, unless such
residence is by permission of the board.
(Source: P.A. 81-992.)
|
(40 ILCS 5/6-155) (from Ch. 108 1/2, par. 6-155)
Sec. 6-155.
Annuity after withdrawal while disabled.
A fireman who continues to be disabled beyond the maximum period of
eligibility for ordinary disability benefits as the result of any cause
other than the performance of an act or acts of duty, and who withdraws
while still so disabled and before age 50, shall receive the annuity
that may be provided from the amounts accumulated to his credit from
salary deductions and
contributions by the city for his retirement
annuity. The annuity shall be computed as of the age of the fireman on
the date of his withdrawal.
The annuity to which the wife of any such fireman has a right from
the date of his death shall be fixed as of her age on the date of his
withdrawal. It shall be an amount provided on a reversionary annuity
basis from the entire amount to his credit for widow's annuity. The
maximum age of the wife for annuity purposes shall not be more than 5
years less than the fireman's age.
Upon the death of a fireman after he has entered upon annuity, any
unmarried child of his under age 18, shall have a right to receive
annuity under the conditions and of the amount specified in this Article
for a child's annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-156) (from Ch. 108 1/2, par. 6-156)
Sec. 6-156.
Re-entry of pensioner or annuitant into service.
(a)
When a fireman who has withdrawn after the effective date re-enters the
service before age 63, any annuity previously granted to him and any
annuity fixed for his wife shall be cancelled. The fireman shall be
credited with the actuarial value of the annuities cancelled for him and
his wife as of their respective ages on the date of his re-entry into
service; provided, that for present employees and future entrants who
entered service prior to July 1, 1953, the maximum age of a wife for
this purpose shall not be more than 5 years less than his age, and for
future entrants who entered service after June 30, 1953, the age, for
annuity purposes, of a wife who is older than her husband shall be
assumed to be equal to his age. Such sums shall be credited to the
fireman to provide for annuities in the future.
Deductions from salary and contributions by the city for all
purposes of this Article shall be made as provided herein, and upon
subsequent retirement, new annuities based upon the amount then to his
credit for annuity purposes and the entire term of his service shall be
fixed for him and his wife.
If such fireman's wife, for whom annuity has been fixed prior to his
re-entrance into service, has died, or the marriage was dissolved before
he re-entered service, no part of any sum or sums to the credit of such
fireman for widow's prior service annuity at the time annuity for such
wife was fixed shall be credited to such fireman at the time of
re-entry. No part of any such sum or sums shall be used to provide
annuity for any wife of such fireman who is his wife at any time after
his re-entry into service.
(b) If a fireman re-enters service after age 63, payments of pension
or annuity previously granted shall be suspended. When he again
withdraws, payments upon such pension or annuity shall be resumed. If
the fireman dies in service, his widow shall receive the annuity
previously fixed for her.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-157) (from Ch. 108 1/2, par. 6-157)
Sec. 6-157.
Re-entry of fireman not in service on day prior to
effective date.
A fireman who was not in the fire service of the city on the day
prior to the effective date, and who was in such service prior to that
day and who re-enters service thereafter and before age 57 shall receive
no credit for prior service and widow's prior service annuity; provided
that such service before the effective date shall be included in
computing service for age and service annuity and widow's annuity.
Deductions from salary and contributions by the city for age and
service annuity and widow's annuity shall be made until he attains age
57.
Such fireman has a right to receive age and service annuity, from the
date of his withdrawal, as of his age on such date, of the amount
provided from the credits for such annuity on such date. The annuity to
which his widow shall be entitled shall be fixed in accordance with the
provisions of this Article relating to annuities for widows of future
entrants.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-158) (from Ch. 108 1/2, par. 6-158)
Sec. 6-158. Refund.
(a) A fireman who withdraws before age 50 and a fireman with less than
10 years of service who withdraws before age 57, or any fireman who
withdraws and enters the service of another department of the city, has a
right to a refund of the entire amount to his credit as of the date of
withdrawal for age and service annuity or Tier 2 monthly retirement annuity, for automatic annual increase in annuity as provided in Section 6-164, and for widow's annuity or Tier 2 surviving spouse's annuity, from deductions
from salary.
(b) Any such fireman shall be entitled to refund until he re-enters
service or until his annuity is fixed.
(c) A fireman who receives a refund forfeits all rights to any annuity
or benefit from the fund, for himself and for any other person who might
benefit through him because of his service, provided he shall retain the
right to credit for any such service, for the purpose of computing his
total service if he re-enters service before age 57, becomes a beneficiary
of the fund and makes repayment of the refund with interest.
(d) A fireman completing 10 years of service who does not receive a
refund, may receive an annuity as provided in this Article.
(e) A fireman completing less than 10 years who does not receive a
refund has a right to have all amounts to his credit for annuity purposes
on the date of withdrawal improved by interest while he is out of service
until age 57 only, for his benefit and the benefit of any person who may
have any right to annuity through him, if he subsequently reenters service
and attains a right to annuity.
(f) The changes made to this Section by this amendatory Act of the 102nd General Assembly are intended to be a restatement and clarification of existing law and are intended to be retroactive to August 6, 2021 (the effective date of Public Act 102-293). (Source: P.A. 102-293, eff. 8-6-21; 102-836, eff. 5-13-22.)
|
(40 ILCS 5/6-159) (from Ch. 108 1/2, par. 6-159)
Sec. 6-159. Refund - Re-entry into service - Repayment of refund.
A fireman who receives a refund, and who subsequently re-enters the
service, shall not thereafter receive, nor shall his widow or parent or
parents receive, any annuity, benefit or pension under this Article unless
he or his widow, or parent or parents, repays the refund within 2
years after the date of re-entry into service or by January 1, 2011, whichever
is later, with interest at the actuarially assumed rate,
compounded annually, from the date the refund was received to the date such
amount is repaid. The change made in this Section by this amendatory Act of
1995 applies without regard to whether the fireman was in service on or after
the effective date of this amendatory Act of 1995.
A fireman who has failed to repay any refund due to the Fund under this Article after re-entering service shall be treated as a new employee and shall only receive service credit from the date that he has re-entered service as a new employee. (Source: P.A. 96-727, eff. 8-25-09.)
|
(40 ILCS 5/6-160)
(from Ch. 108 1/2, par. 6-160)
Sec. 6-160. Refund - Widow's annuity contributions. When a fireman attains
age 63 in service and is not then married, or when an unmarried fireman
withdraws before age 63 and enters upon annuity, his contributions for widow's
annuity shall then be refunded to him, upon request. A refund under this
Section may be repaid as provided in Section 6-142(B).
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/6-161) (from Ch. 108 1/2, par. 6-161)
Sec. 6-161.
Refund-Transfer of city contributions.
Whenever any amounts are refunded, the accumulated city contributions
shall be transferred to the prior service annuity reserve until such time
as the assets of said reserve become equal to the liabilities thereof.
Thereafter such amounts and the interest thereon shall be used to reduce
the amount which the city would otherwise be required to contribute during
a succeeding year to the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-162) (from Ch. 108 1/2, par. 6-162)
Sec. 6-162.
Refund - Widows and children.
If the amount accumulated in the account of a deceased unmarried
fireman from salary deductions
for annuity purposes after the effective
date, including interest, has not been paid to him or his parent or
parents, and in the case of a deceased married fireman to him and his
widow, in form of annuity or benefit before the death of the last
survivor of such persons, the remaining amount if any, without interest,
shall be paid in the following order of precedence: (a) to the
administrator or executor of the fireman's estate; (b) for burial
expenses of the fireman; and (c) to his heirs according to the law
pertaining to administration of estates; provided, if any of his
children less than age 18 survive, such amount as is necessary to pay
children's annuities shall not be refunded, but shall be transferred to
the Child's Annuity Reserve, and used for the payment of annuities to
children.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-163) (from Ch. 108 1/2, par. 6-163)
Sec. 6-163.
Annual salary for computing annuities and benefits-Amount of duty
disability benefit limited.
For age and service annuity, the minimum annuities prescribed in
Sections 6-123 and 6-128 and for disability benefits, salary as defined
in Section 6-111 shall be the basis of computation. For disability pension
and duty disability benefit under this Article, it shall be assumed that
the annual salary of a fireman is the amount set out and appropriated for
the rank or grade held by him in the annual budget or appropriation of the
city, and that when salary is appropriated in a lump sum to be paid on the
basis of a daily wage for services as needed, the annual salary is the
amount ascertained by multiplying the daily wage by 280; provided that (1)
for computing minimum annuity, disability pension and duty disability
benefits from and after January 1, 1941, the salary shall be assumed to be
not less than the salary appropriated for the rank or grade held by the
fireman concerned on December 31, 1940; and that (2) when the amount of
salary appropriated for a position is for a definite period of less than 12
months in any one year subsequent to December 31, 1940, disability benefit
shall be computed upon the basis of a daily wage or salary by dividing the
amount appropriated for such disabled person by 365; and (3) the amount of
duty disability benefit, either in itself or when added to child's
disability benefit, shall not exceed the actual salary appropriated for the
rank or grade held by the disabled person when the right to such disability
benefits accrues.
The provisions of this section shall be retroactive to January 1, 1941,
but shall not apply to any person whose pension, annuity or disability
benefit has been or shall be granted, based upon or computed in accordance
with the provisions of any Act other than this Article or the "Firemen's
Annuity and Benefit Fund of the Illinois Municipal Code".
(Source: Laws 1967, p. 3625.)
|
(40 ILCS 5/6-164)
(from Ch. 108 1/2, par. 6-164)
Sec. 6-164. Automatic annual increase; retirement after September 1, 1959.
(a) A fireman qualifying for a minimum annuity who retires from service
after September 1, 1959 shall, upon either the first of the month following the
first anniversary of his date of retirement if he is age 55 or over on that anniversary date, or upon
the first of the month following his attainment of age 55 if that occurs after the first anniversary
of his retirement date, have his then fixed and payable monthly annuity
increased by 1 1/2%, and such first fixed annuity as granted at retirement
increased by an additional 1 1/2% in January of each year thereafter up to a
maximum increase of 30%.
Beginning July 1, 1982 for firemen born before January 1, 1930, and beginning
January 1, 1990 for firemen born after December 31, 1929 and before January 1,
1940, and beginning January 1, 1996 for firemen born after December 31, 1939
but before January 1, 1945, and beginning January 1, 2004, for firemen born
after December 31, 1944 but before January 1, 1955, and beginning January 1, 2017, for firemen born after December 31, 1954, such increases shall be
3% and such firemen shall not be subject to the 30% maximum increase.
Any fireman born before January 1, 1945 who qualifies for a minimum annuity
and retires after September 1, 1967 but has not received the initial increase
under this subsection before January 1, 1996 is entitled to receive the initial
increase under this subsection on (1) January 1, 1996, (2) the first
anniversary of the date of retirement, or (3) attainment of age 55, whichever
occurs last. The changes to this Section made by this amendatory Act of 1995
apply beginning January 1, 1996 and apply without regard to whether the fireman
or annuitant terminated service before the effective date of this amendatory
Act of 1995.
Any fireman born before January 1, 1955 who qualifies for a minimum
annuity and retires after September 1, 1967 but has not received the initial
increase under this subsection before January 1, 2004 is entitled to receive
the initial increase under this subsection on (1) January 1, 2004, (2) the
first anniversary of the date of retirement, or (3) attainment of age 55,
whichever occurs last. The changes to this Section made by this amendatory
Act of the 93rd General Assembly apply without regard to whether the fireman
or annuitant terminated service before the effective date of this amendatory
Act.
Any fireman born after December 31, 1954 but before January 1, 1966 who qualifies for
a minimum annuity and retires after
September 1, 1967 is entitled to
receive an increase under this subsection on (1)
January 1, 2017, (2) the first anniversary of the date of
retirement, or (3) attainment of age 55, whichever occurs last, in an amount equal to an increase of 3% of his then fixed and payable monthly annuity upon the first of the month following the first anniversary of his date of retirement if he is age 55 or over on that anniversary date or upon the first of the month following his attainment of age 55 if that date occurs after the first anniversary of his retirement date and such first fixed annuity as granted at retirement shall be increased by an additional 3% in January of each year thereafter. In the case of a fireman born after December 31, 1954 but before January 1, 1966 who received an increase in any year of 1.5%, that fireman shall receive an increase for any such year so that the total increase is equal to 3% for each year the fireman would have been otherwise eligible had the fireman not received any increase. The changes to this subsection made by this amendatory
Act of the 99th General Assembly apply without regard to whether the fireman
or annuitant terminated service before the effective date of this amendatory
Act. The changes to this subsection made by this amendatory Act of the 100th General Assembly are a declaration of existing law and shall not be construed as a new enactment. Any fireman who qualifies for
a minimum annuity and retires after
September 1, 1967 is entitled to
receive an increase under this subsection on (1)
January 1, 2020, (2) the first anniversary of the date of
retirement, or (3) attainment of age 55, whichever occurs last, in an amount equal to an increase of 3% of his or her then fixed and payable monthly annuity upon the first of the month following the first anniversary of his or her date of retirement if he or she is age 55 or over on that anniversary date or upon the first of the month following his or her attainment of age 55 if that date occurs after the first anniversary of his or her retirement date and such first fixed annuity as granted at retirement shall be increased by an additional 3% in January of each year thereafter. In the case of a fireman who received an increase in any year of 1.5%, that fireman shall receive an increase for any such year so that the total increase is equal to 3% for each year the fireman would have been otherwise eligible had the fireman not received any increase. The changes to this subsection made by this amendatory
Act of the 101st General Assembly apply without regard to whether the fireman
or annuitant terminated service before the effective date of this amendatory
Act of the 101st General Assembly. (b) Subsection (a) of this Section is
not applicable to an employee receiving a term annuity.
(c) To help defray the cost of such increases in annuity, there
shall be deducted, beginning September 1, 1959, from each payment of salary
to a fireman, 1/8 of 1% of each such salary payment and an additional 1/8
of 1% beginning on September 1, 1961, and September 1, 1963, respectively,
concurrently with and in addition to the salary deductions otherwise made
for annuity purposes.
Each such additional 1/8 of 1% deduction from salary which shall, on
September 1, 1963, result in a total increase of 3/8 of 1% of salary,
shall be credited to the Automatic Increase Reserve, to be used,
together with city contributions as provided in this Article, to defray
the cost of the annuity increments specified in this Section. Any balance
in such reserve as of the beginning of each calendar year shall be
credited with interest at the rate of 3% per annum.
The salary deductions provided in this Section are not subject to
refund, except to the fireman himself in any case in which: (i) the fireman
withdraws prior to qualification for minimum annuity or Tier 2 monthly retirement annuity and applies for
refund, (ii) the fireman applies for an annuity of a type that is not subject to annual increases under this Section, or (iii) a term annuity becomes
payable. In such cases, the total of such salary deductions shall be
refunded to the fireman, without interest, and charged to the
aforementioned reserve.
(d) Notwithstanding any other provision of this Article, the Tier 2 monthly retirement annuity of a
person who first becomes a fireman under this Article on or after January 1, 2011 shall be increased on the January 1 occurring either on or after (i) the attainment of age 60 or (ii) the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the annuity shall not be increased. For the purposes of this subsection (d), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds by November 1 of each year. (Source: P.A. 100-23, eff. 7-6-17; 100-539, eff. 11-7-17; 101-673, eff. 4-5-21.)
|
(40 ILCS 5/6-164.1) (from Ch. 108 1/2, par. 6-164.1)
Sec. 6-164.1.
Automatic annual increase; retirement on or before
September 1, 1959.
(a) A retired fireman, qualifying for minimum annuity
or who retired from service with 20 or more years of service,
on or before September 1, 1959, at age 50 or over shall
have, in January of the year following the year he attains
the age of 65, or in January, 1970, if he is then over age 65, his then
fixed and payable monthly annuity increased by an amount equal to 2% of the
original grant of annuity, for each year he received annuity payments after
the year in which he attains age 65. An additional 2% increase in such
fixed and payable original granted annuity shall accrue in each January
thereafter.
However, beginning January 1, 1996, the increases payable under this
subsection (a) to a fireman born before January 1, 1945 shall be at the rate of
3% of the originally granted annuity amount, notwithstanding that the fireman
terminated service prior to the effective date of this amendatory Act of
1995.
(b) The provisions of subsection (a) of
this Section apply only to a retired fireman eligible for such
increases in his annuity if he contributed to the fund a sum equal to 1% of
the final average monthly salary used in the computation of the annuity for
each full year of credited service upon which his annuity was computed. All
such sums contributed shall be placed in a Supplementary Payment Reserve
and used for the purposes of such fund account.
(c) Beginning with the monthly annuity payment due in July, 1982,
the monthly annuity payment for any fireman who retired from the service
before September 1, 1976 at age 50 or over with 20 or more years of service
or who was granted duty disability benefits prior to September 1, 1957 and
entitled to an annuity or duty disability benefits on July 1, 1975 shall be
not less than $400.
(d) The difference in amount between the minimum monthly annuity
specified in subsection (c) and the minimum
monthly annuity to which the fireman was entitled before July 1, 1975, in
accordance with the provisions of Section 6-128.1, shall be paid as a
supplement in the manner set forth in subsection (e).
(e) To defray the annual cost of the increases indicated in the
preceding part of this Section, the annual income accruing from
investments held by this fund, above 4% a year, to the extent
necessary and available to finance the cost of such increases for the
following year, shall be transferred each year beginning with the year 1969
to a fund account designated as the Supplementary Payment Reserve from the
Interest and Investment Reserve set forth in Section 6-203.
If the money in the Supplementary Payment Reserve in any year arising
from interest income above 4% a year as defined in this Section accruing in
the preceding year; and the contributions by retired persons, are
insufficient to make the total payments to all persons entitled to the
annuity under this Section; and any investment earnings over 4% a year
beginning with the year 1969 not previously used to finance such increases
and transferred to the Prior Service Annuity Reserve, may be used to the
extent necessary and available to provide sufficient funds to finance such
increases for the current year. Such sums shall be transferred from the
Prior Service Annuity Reserve. If the total money available in the
Supplementary Payment Reserve from such sources are insufficient to make
the total payments to all persons entitled to such increases for the year,
a proportionate amount computed as the ratio of the money available to the
total of all the payments specified for that year shall be paid to each
person for that year.
No part of any such increase under this Section is an obligation of the
fund otherwise established under this Article 6.
(Source: P.A. 89-136, eff. 7-14-95.)
|
(40 ILCS 5/6-164.2) (from Ch. 108 1/2, par. 6-164.2)
Sec. 6-164.2. Payments to city.
(a) For the purposes of this Section, "city annuitant" means a person
receiving an age and service annuity, a widow's annuity, a child's annuity, or
a minimum annuity under this Article as a direct result of previous employment
by the City of Chicago ("the city").
(b) The board shall pay to the city, on behalf of the board's city
annuitants who participate in any of the city's health care plans, the
following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per | ||
| ||
(2) Beginning July 1, 2008 and until such time as the | ||
| ||
The payments described in this subsection shall be paid from the tax levy
authorized under Section 6-165; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the city required under this subsection shall be charged against
it.
(c) The city health care plans referred to in this Section and the board's
payments to the city under this Section are not and shall not be construed to
be pension or retirement benefits for the purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
|
(40 ILCS 5/6-165)
(from Ch. 108 1/2, par. 6-165)
Sec. 6-165. Financing; tax.
(a) Except as expressly provided in this
Section, each city shall levy a tax annually upon all
taxable property therein for the purpose of providing revenue for the
fund. For the years prior to the year 1960, the tax rate shall be as
provided for in the "Firemen's Annuity and Benefit Fund of the Illinois
Municipal Code". The tax, from and after January 1, 1968 to and
including the year 1971, shall not exceed .0863% of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property in the city. Beginning with the year 1972 and through 2014, the city shall levy a tax annually at a rate on the
dollar of the value, as equalized or assessed by the Department of Revenue
of all taxable property within such city that will
produce, when extended, not to exceed an amount equal to the total
amount of contributions by the employees to the fund made in the
calendar year 2 years prior to the year for which the annual applicable
tax is levied, multiplied by 2.23 through the calendar year 1981, and by
2.26 for the year 1982 and for each tax levy year through 2014. Beginning in tax levy year 2015, the city council shall levy a tax annually at a rate on the dollar of the assessed valuation of all taxable property that will produce when extended an annual amount that is equal to no less than the amount of the city's contribution in each of the following payment years: for 2016, $199,000,000; for 2017, $208,000,000; for 2018, $227,000,000; for 2019, $235,000,000; for 2020, $245,000,000. Beginning in tax levy year 2020, the city council shall levy a tax annually at a rate on the dollar of the assessed valuation of all taxable property that will produce when extended an annual amount that is equal to no less than (1) the normal cost to the Fund, plus (2) an annual amount sufficient to bring the total assets of the Fund up to 90% of the total actuarial liabilities of the Fund by the end of fiscal year 2055, as annually updated and determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the Fund or the city. In making these determinations, the required minimum employer contribution shall be calculated each year as a level percentage of payroll over the years remaining up to and including fiscal year 2055 and shall be determined under the entry age normal actuarial cost method. Beginning in payment year 2056, the city's required contribution in that year and for each year thereafter shall be an annual amount that is equal to no less than (1) the normal cost to the Fund, plus (2) the annual amount determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the Fund to be equal to the amount, if any, needed to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund as of the end of the year, utilizing the entry age normal actuarial cost method as provided above.
To provide revenue for the ordinary death benefit established by
Section 6-150 of this Article, in addition to the contributions by the firemen
for this purpose, the city council shall for the
year 1962 and each year thereafter annually levy a tax, which shall be
in addition to and exclusive of the taxes authorized to be levied under
the foregoing provisions of this Section, upon all taxable property in
the city, as equalized or assessed by the Department of Revenue, at such
rate per cent of the value of such property as shall be
sufficient to produce for each year the sum of $142,000.
The amounts produced by the taxes levied annually, together with the
deposit expressly authorized in this Section, shall be
sufficient, when added to the amounts deducted from the salaries of
firemen and applied to the fund, to provide for the purposes of the
fund.
(a-5) For purposes of determining the required employer contribution to the Fund, the value of the Fund's assets shall be equal to the actuarial value of the Fund's assets, which shall be calculated as follows: (1) On March 30, 2011, the actuarial value of the | ||
| ||
(2) In determining the actuarial value of the Fund's | ||
| ||
(a-7) If the city fails to transmit to the Fund contributions required of it under this Article for more than 90 days after the payment of those contributions is due, the Fund shall, after giving notice to the city, certify to the State Comptroller the amounts of the delinquent payments, and the Comptroller must, beginning in fiscal year 2016, deduct and deposit into the Fund the certified amounts or a portion of those amounts from the following proportions of grants of State funds to the city: (1) in fiscal year 2016, one-third of the total | ||
| ||
(2) in fiscal year 2017, two-thirds of the total | ||
| ||
(3) in fiscal year 2018 and each fiscal year | ||
| ||
The State Comptroller may not deduct from any grants of State funds to the city more than the amount of delinquent payments certified to the State Comptroller by the Fund. (b) The taxes shall be levied and collected in like manner with the
general taxes of the city, and shall be in addition to all other taxes
which the city may levy upon all taxable property therein and shall be
exclusive of and in addition to the amount of tax the city may levy for
general purposes under Section 8-3-1 of the Illinois Municipal Code,
approved May 29, 1961, as amended, or under any other law or laws which
may limit the amount of tax which the city may levy for general
purposes.
(c) The amounts of the taxes to be levied in each year shall be
certified to the city council by the board.
(d) As soon as any revenue derived from such taxes is collected, it
shall be paid to the city treasurer and held for the benefit of the fund, and
all such revenue shall be paid into the fund in accordance with the
provisions of this Article.
(e) If the funds available are insufficient during any year to
meet the requirements of this Article, the city may issue tax anticipation
warrants, against the tax levies herein authorized for the current
fiscal year.
(f) The various sums, hereinafter stated, including interest, to be
contributed by the city, shall be taken from the revenue derived from the taxes
or otherwise as expressly provided in this Section. Except for defraying the
cost of administration of the fund during the calendar year in which a city
first attains a population of 500,000 and comes under the provisions of this
Article and the first calendar year thereafter, any money of the city derived
from any source other than these taxes or the sale of tax anticipation warrants
shall not be used to provide revenue for the fund, nor to pay any part of the
cost of administration thereof, unless applied to make the deposit expressly
authorized in this Section
or the additional city contributions required under subsection (h).
(g) In lieu of levying all or a portion of the tax required under this
Section in any year, the city may deposit with the city treasurer no later than
March 1 of that year for the benefit of the fund, to be held in accordance with
this Article, an amount that, together with the taxes levied under this Section
for that year, is not less than the amount of the city contributions for that
year as certified by the board to the city council. The deposit may be derived
from any source legally available for that purpose, including, but not limited
to, the proceeds of city borrowings. The making of a deposit shall satisfy
fully the requirements of this Section for that year to the extent of the
amounts so deposited. Amounts deposited under this subsection may be used
by the fund for any of the purposes for which the proceeds of the taxes levied
under this Section may be used, including the payment of any amount that is
otherwise required by this Article to be paid from the proceeds of those
taxes.
(h) In addition to the contributions required under the other provisions
of this Article, by November 1 of the following specified years, the city shall
deposit with the city treasurer for the benefit of the fund, to be held and
used in accordance with this Article, the following specified amounts:
$6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
$5,040,000 in 2002; and
$4,620,000 in 2003.
The additional city contributions required under this subsection are
intended to decrease the unfunded liability of the fund and shall not decrease
the amount of the city contributions required under the other provisions of
this Article. The additional city contributions made under this subsection
may be used by the fund for any of its lawful purposes.
(i) Any proceeds received by the city in relation to the operation of a casino or casinos within the city shall be expended by the city for payment to the Firemen's Annuity and Benefit Fund of Chicago to satisfy the city contribution obligation in any year. (Source: P.A. 99-506, eff. 5-30-16.)
|
(40 ILCS 5/6-165.1) (from Ch. 108 1/2, par. 6-165.1)
Sec. 6-165.1.
The employer may pick up the employee contributions required
by Sections 6-143.1, 6-152, 6-164, 6-166, 6-167, 6-168 and 6-170 for
salary earned after December 31, 1981.
If employee contributions are not picked up, the amount that would have
been picked up
under this amendatory Act of 1980 shall continue to be deducted
from salary. If employee contributions are picked up they
shall be treated as
employer contributions in determining tax treatment under
the United States Internal Revenue Code; however, the employer shall continue
to withhold Federal and state income taxes based upon these contributions
until the Internal Revenue Service
or the Federal courts rule that pursuant to Section 414(h) of the United
States Internal Revenue Code, these contributions shall not be included
as gross income of the employee
until such time as they are distributed or made available.
The employer shall pay these employee contributions from the same source
of funds which is used in paying salary to the employee.
The employer may pick up these contributions by a reduction in the cash
salary of the employee or by an offset against a future salary increase
or by a combination
of a reduction in salary and offset against a future salary increase.
If employee contributions are picked up they shall be treated for all
purposes of this Article 6, including Section 6-165, in the same manner
and to the same extent as employee contributions made prior to the date picked up.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-165.2) Sec. 6-165.2. Funding obligation. (a) Beginning January 1, 2016, the city shall be obligated to contribute to the Fund in
each fiscal year an amount not less than the amount determined annually under subsection (a) of Section 6-165 of this Code. Notwithstanding any other provision of law, if the city fails to pay the amount guaranteed under this Section on or before December 31 of the year in which such amount is due, the Fund may bring a mandamus action in the Circuit Court of Cook County to compel the city to make the required payment, irrespective of other remedies that may be available to the Fund. The obligations and causes of action created under this Section shall be in addition to any other right or remedy otherwise accorded by common law or State or federal law, and nothing in this Section shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy. (b) In ordering the city to make the required payment, the court may order a reasonable
payment schedule to enable the city to make the required payment without significantly imperilling the public health, safety, or welfare. Any payments required to be made by the city pursuant to this Section are expressly subordinated to the payment of the principal, interest, premium, if any, and other payments on or related to any bonded debt obligation of the city, either currently outstanding or to be issued, for which the source of repayment or security thereon is derived directly or indirectly from any funds collected or received by the city or collected or received on behalf of the city. Payments on such bonded obligations include any statutory fund transfers or other prefunding mechanisms or formulas set forth, now or hereafter, in State law, city ordinance, or bond indentures, into debt service funds or accounts of the city related to such bonded obligations, consistent with the payment schedules associated with such obligations.
(Source: P.A. 99-506, eff. 5-30-16.) |
(40 ILCS 5/6-166) (from Ch. 108 1/2, par. 6-166)
Sec. 6-166. Contributions for age and service annuities or Tier 2 monthly retirement annuities for present employees and
future entrants. (a) After the effective date and prior to July 1, 1953, 3 1/2%, and after
June 30, 1953, and prior to September 1, 1959, 6%, and beginning September
1, 1959, 7 1/8% of each payment of the salary of each present employee and
future entrant shall be deducted and contributed to the fund for age and
service annuity or Tier 2 monthly retirement annuity. The deductions shall be made at the time payments of
salary are payable and shall continue while the employee is in service.
Concurrently with each such contribution, the city shall contribute 8
1/2% of each payment of salary, but the city contributions shall cease for
all employees upon their attainment of age 63.
(b) Each contribution by the employee and the city shall be allocated to the
account of and credited to the employee, and shall be improved by interest
at the applicable rate during the time he is in service until the age and
service annuity is fixed. Any accretion, by way of interest or otherwise,
upon such sum or any deduction from salary made after the annuity is fixed
for a present employee or after attainment of age 63 by a future entrant
who first
becomes a fireman under this Article before January 1, 2011 shall not be credited to the employee for age and service annuity.
(Source: P.A. 99-905, eff. 11-29-16.)
|
(40 ILCS 5/6-167) (from Ch. 108 1/2, par. 6-167)
Sec. 6-167. Contributions for widow's annuity and Tier 2 surviving spouse's annuity. Beginning on the effective date and prior to September 1, 1957,
1% of each payment of salary of not more than $3,000 of each employee and
beginning September 1, 1957, 1% of each payment of salary of not more than
$6,000 of each present employee and future entrant shall be deducted and
contributed to the fund for widow's annuity. After September 1, 1967
and prior to January 1, 1976,
1%,
and beginning January 1, 1976, 1 1/2%
of salary without limitation shall be deducted from the pay of each
present employee and future entrant and contributed to the fund for widow's
annuity or Tier 2 surviving spouse's annuity. The deduction shall be made at the time the payments of salary are
payable and shall continue during the service of the employee.
Concurrently with each contribution, the city shall contribute 2% of
each payment of salary.
Each contribution by the employee and the city shall be allocated to the
accounts of and credited to the employee for widow's annuity or Tier 2 surviving spouse's annuity.
(Source: P.A. 99-905, eff. 11-29-16.)
|
(40 ILCS 5/6-168) (from Ch. 108 1/2, par. 6-168)
Sec. 6-168.
Contributions for death benefit.
To defray the cost of the ordinary death benefit, each fireman in
service on or after January 1, 1962, shall make contributions in addition
to the contributions otherwise provided in this Article, in the amount of
$2.50 per monthly period. This contribution shall begin with the first pay
period accruing after January 1, 1962, and shall be deducted from the
salary of each fireman at the same time and with the same frequency as
deductions are made for the other purposes of this Article.
Contributions towards this benefit shall be made only when the fireman
is in active service and in receipt of salary. Firemen in receipt of
disability benefits and firemen in receipt of annuities whose retirement
occurred on or after January 1, 1962, shall not be required to make
contributions during such period of disability or retirement.
The amount contributed by such city, through the tax levy prescribed in
Section 6-165 hereof toward this ordinary death benefit, shall be credited
each year to the death benefit reserve and a credit for the amount of
$142,000 from each tax levy beginning with the year 1962 shall be made to
this reserve notwithstanding the requirements for all other purposes of
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-169) (from Ch. 108 1/2, par. 6-169)
Sec. 6-169.
In lieu of salary deductions
for annuity purposes, the
city shall contribute sums equal to such amounts for any period during
which a fireman received duty disability benefit or occupational disease
disability benefit. The contributions shall be credited to the disabled
fireman and shall be regarded for annuity purposes as sums contributed
by the fireman.
The city shall also contribute amounts ordinarily contributed for
annuity purposes for such fireman as though he were in active discharge
of his duties during either such disability.
To provide widow's annuity in accordance with the benefits authorized
in Section 6-140, the city shall contribute such sums annually, from the
date of the fireman's death to provide said annuity to the widow for
life.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-170) (from Ch. 108 1/2, par. 6-170)
Sec. 6-170.
Contributions by city and firemen for ordinary disability benefits.
The city shall contribute all amounts ordinarily contributed by it for
annuity purposes for any fireman receiving ordinary disability benefit and
the fireman shall receive credit therefor as though he were in active
discharge of his duties during disability.
For each year, at least 1/3 of the total sum estimated annually by the
board as necessary to provide ordinary disability benefits during the year
shall be contributed by the firemen as follows:
Such amount (1/3 of said total sum) shall be prorated among all such
firemen in proportion to the annual salary of each fireman, the percentage
of each such annual salary which the sum related thereto shall constitute
shall be ascertained, and a sum equal to a life percentage of each payment
of such salary, but not less than 1/8 of 1% of each such payment, shall be
deducted from each payment of salary.
The city shall contribute the balance of the total sum estimated
annually as necessary to provide ordinary disability benefits during each
year.
Whenever the balance in the ordinary disability reserve at the end of
any calendar year, exclusive of employee contributions and city
contributions for ordinary disability benefit purposes for such year, is
sufficient to provide for all valid claims for ordinary disability benefits
due for such year, such salary deductions for such year shall forthwith
become the property of the respective firemen concerned. Any fireman from
whose salary such deductions were made for such year may direct the board
to transfer such deductions to the Gift Reserve to be used as he specifies
in writing, or may otherwise direct the retirement board as to the
disposition to be made of these deductions, excepting that they may not be
credited to his account in the salary deduction reserve or in the annuity
payment reserve; and the city shall not be required to contribute any
amount for ordinary disability benefit purposes for such year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-171) (from Ch. 108 1/2, par. 6-171)
Sec. 6-171.
Contributions by city for certain annuities.
(a) Each city shall contribute annually, from the sum produced by tax
levy herein authorized, all sums required for the purposes of this Article,
other than those stated in this Section.
(b) Thereafter, the balance of the sum produced by the tax levy shall be
applied to provide prior service and widow's prior service annuities under
this Article, and all annuities, pensions and benefits which have been or
shall be granted under "An Act to provide for a firemen's pension fund and
to create a board of trustees to administer said pension fund in cities
having a population exceeding two hundred thousand (200,000) inhabitants",
filed June 14, 1917, as amended, and also for the purpose of providing
that part of any annuity described in Sections 6-123, 6-128, 6-141 and
6-164 of this Article for which moneys are not provided under this
Article, and to make possible the transfer of reserves from the investment
and interest reserve to other reserves.
(c) All amounts contributed by the city for the purposes of this Section
shall be credited to the prior service annuity reserve except that
contributions made for the purposes of Section 6-164 shall be credited to
the automatic increase reserve. When the balance of each of these reserves
equals the liabilities of each such reserve (including, in addition to all
other liabilities of such reserve, the present value, according to the
applicable mortality table, and applicable interest rate, of all annuities,
present or prospective, or parts of such annuities chargeable to that
reserve) the city shall cease to contribute the sum stated in paragraph (b)
of this Section; provided, if at any time the balance of the investment and
interest reserve is not sufficient to permit a transfer of moneys from that
reserve to any other reserve, in accordance with the provisions of this
Article, the city shall, as soon as practicable thereafter, contribute sums
sufficient to make possible such transfer of the amounts required.
(d) If by reason of annexation of territory and the employment by the
city of any fireman employed in the territory at the time of the
annexation, after the city has ceased to contribute as provided in
paragraph (b) of this Section, contributions to provide prior service and
widow's prior service annuity for such fireman becomes necessary for such
annuity purposes, the city shall, as soon as practicable thereafter,
contribute sums sufficient to provide such annuities.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-172) (from Ch. 108 1/2, par. 6-172)
Sec. 6-172.
Contributions by city for administration costs.
Beginning September 1, 1959, the city shall contribute, the entire costs
of administration of the fund from revenue derived from the taxes
authorized to be levied for the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-173) (from Ch. 108 1/2, par. 6-173)
Sec. 6-173.
Other city contributions - Estimates.
The board shall estimate the amounts required each year to be
contributed by the city for all annuities, benefits and administrative
expenses. All amounts shall be paid annually by the city into the fund
from the taxes herein authorized.
If it is not possible or practicable for the city to make
contributions for age and service and widow's annuity at the time
deductions from employees' salaries are made for these purposes, the
city shall make such contributions as soon as possible thereafter, with
interest thereon at the applicable rate to the time they shall be made.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-174) (from Ch. 108 1/2, par. 6-174)
Sec. 6-174. Board created. A board of 8 members shall constitute a
board of trustees authorized to administer the provisions of this Article.
The board shall be known as the Retirement Board of the Firemen's Annuity
and Benefit Fund of the city.
The board shall consist of the city treasurer, the city comptroller, the
city clerk, a deputy fire commissioner designated by the fire commissioner
of the city, 3 firemen employed by the city, and 1 annuitant of the fund or
a fireman pensioner of any prior firemen's pension fund in operation, by
authority of law, in the city. The city treasurer, with the prior approval of the board, may appoint a designee from among employees of the city who is versed in the affairs of the city treasurer's office to act in the absence of the city treasurer on all matters pertaining to administering the provisions of this Article. Children less than age 18 shall not be
eligible for membership.
The members of a retirement board holding office at the time this
Article becomes effective, including elected and ex officio members, shall
continue in office until the expiration of their respective terms or
appointment and until their respective successors are elected or appointed,
and qualified.
In a city which first attains a population of over 500,000 and comes
under the provisions of this Article, the active firemen members of the
board of trustees of any firemen's pension fund then in effect in such city
and the member of such board who was chosen from the retired members of
such fund shall become members of the board as follows:
(a) The active fireman member for whom the highest number of votes was
cast and counted at the most recent election for board members shall become
a member of the retirement board for a term which shall end on December 1st
of the third year after the year in which this Article comes into force in
the city; the member of the board for whom the second highest number of
votes was cast and counted at such election shall become a member of the
retirement board for a term which shall end on December 1st of the second
year after the year in which this Article comes into force in the city; and
the member of the board for whom the third highest number of votes was cast
and counted at such election shall become a member of the retirement board
for a term which shall end on December 1st of the first year after the year
in which this Article comes into force in the city.
(b) The annuitant member of the pension fund shall become a member of
the board for a term which shall end on December 1st of the second year
after the year in which this Article comes into force in the city.
The board shall conduct regular elections annually, at least 30 days
prior to the expiration of the term of the active fireman member of the
board whose term next expires, for the election of a successor for a term
of 3 years. The board also shall conduct regular elections, at
least 30 days prior to the expiration of the term of the member who is a
pensioner of any pension fund formerly in effect in such city or an
annuitant of the annuity and benefit fund herein provided, for the election
of a successor to such member for a term of 3 years.
Any member of the board, elected as aforesaid, shall continue in office
until his successor is elected and qualified.
Each member of the board, before entering upon the duties of his office,
shall take the oath prescribed by the Constitution of this State, which
oath shall be filed in the office of the city clerk of the city.
(Source: P.A. 101-96, eff. 7-19-19; 102-995, eff. 5-27-22.)
|
(40 ILCS 5/6-175) (from Ch. 108 1/2, par. 6-175)
Sec. 6-175.
Board elections.
The regular elections for members of the board shall be held by mail. The
board shall designate not less than 2
clerks of election to conduct the
election. The board shall furnish the clerks of election with a list of
firemen, pensioners and annuitants eligible to vote at the election,
and tally
sheets to be used in counting the vote. The clerks of election shall count the
votes cast, recording on the tally sheets provided a true count of
ballots cast for each candidate and the correct number of unused and
spoiled ballots.
Immediately after all ballots are counted, the clerks of election shall certify the
tally sheets by signing them at the place provided, the marked ballots
shall be sealed and delivered together with all other materials used in
the election to the office of the board, which shall cause a detailed
receipt to be issued to each clerk of election upon receiving such
material. Not later than 30 days prior to the elections, the retirement
board shall publish written rules for the conduct of the elections in
conformity herewith, including notification to eligible voters and provision for poll
watchers for candidates to be present at the places where the votes are counted.
At any election for active firemen members, all firemen employed by
the city at the time the election is held and all firemen on occupational,
duty or ordinary disability at the time the election is held shall
have a right to vote.
At any election for the pensioner or annuitant member, all annuitants
and pensioners (except children less than age 18) and the legal guardian
of any child annuitant or child pensioner whose mother or stepmother
shall not be an annuitant or pensioner, shall have a right to vote.
Ballots to be used in such elections shall be of a secret character.
The board shall mail, to each person who is entitled to vote, a ballot which
permits such person to vote by mail.
The board shall provide by its rules sufficient time before the date
of election to permit the voting by mail provided herein. The mailed
ballots shall remain sealed until the official tallying is begun, at
which time all mail votes shall be tallied by not less than 2 clerks of
election at the office of the board as hereinabove set forth.
Within 72 hours after the close of each election, the board shall
cause records pertaining to the election, including all lists of persons
eligible to vote, all ballots,
used, unused and spoiled, and all tally sheets used in the counting of
votes, to be deposited with the city clerk who shall preserve all such
material for 6 months from the date of election.
(Source: P.A. 83-152.)
|
(40 ILCS 5/6-176) (from Ch. 108 1/2, par. 6-176)
Sec. 6-176.
Vacancy on board.
A vacancy on the board owing to death, resignation or any other
cause, shall be filled as follows: if the vacancy is that of an
ex-officio member, the mayor of the city shall appoint a person to serve
until a person qualified as hereinbefore described shall assume the
duties of member of the board. If the vacancy is of an active fireman
member, or a pensioner or annuitant member, the successor shall be
elected to serve during the remainder of the unexpired term at a special
election to be held by the board within 30 days from the date the
vacancy occurs and to be conducted in the same manner as the regular
annual election.
A member elected by the active firemen who resigns or is discharged
from the fire service of the city shall automatically cease to be a
member of the board.
Any Elective member of the board shall be subject to recall as follows:
If not less than 60% of the active firemen contributors to the fund, or
not less than 60% of the pensioners and annuitants (minors under age 18
excepted), petition the board in writing to declare vacant the membership
of an active fireman member or pensioner or annuitant, as the case may be,
the board, within 15 days after receipt of the petition shall declare such
membership vacant. A member of the board is not subject to recall more
than once in any calendar year nor within one year after a previous recall petition.
(Source: P.A. 81-854.)
|
(40 ILCS 5/6-177) (from Ch. 108 1/2, par. 6-177)
Sec. 6-177.
As soon as possible after the board membership is first
completed, the board shall meet and from among its members elect by a
majority vote of the members who vote upon the question, a president, a
vice president, and a secretary, who shall serve until their respective
successors are elected.
At each regular meeting in December thereafter, the board shall elect,
by a majority vote of the members who vote upon the question, a president,
a vice president, and a secretary from among its own members. The secretary
shall be chosen from the active firemen members of the board. The
secretary shall be detailed to the pension board office by the Fire
Commissioner upon the secretary's election. The secretary
shall keep a record of the proceedings of all meetings of the board and
shall perform such other duties as the board directs.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-178) (from Ch. 108 1/2, par. 6-178)
Sec. 6-178.
Board meetings.
The board shall hold regular meetings in each
month and such other meetings as it deems necessary. A majority of the
members shall constitute a quorum for the transaction of business at any
meeting; provided, that no pension, annuity, or benefit shall be allowed or
granted and no money shall be paid out of the fund unless ordered by the
affirmative vote of a majority of the total membership of the board as
shown by roll call entered upon the official record of proceedings of the
meeting at which such action is taken. All board meetings shall be open
to the public.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-179) (from Ch. 108 1/2, par. 6-179)
Sec. 6-179. Board's powers and duties. The board shall have the powers and duties stated in Section 6-180 to 6-191.1, inclusive, in addition to the other powers and duties provided in
this Article.
(Source: P.A. 99-793, eff. 8-12-16.)
|
(40 ILCS 5/6-180) (from Ch. 108 1/2, par. 6-180)
Sec. 6-180.
To supervise deductions and contributions.
To see that all amounts specified in this Article to be applied to
the fund, from any source, are collected and so applied; to see that the
sums to be deducted from the salaries
of firemen are deducted and paid
into the fund, and that the sums to be contributed by the city are so
contributed and received into the fund, and that all interest upon
moneys due the fund and all other moneys which accrue to the fund are
collected and paid into it.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-181) (from Ch. 108 1/2, par. 6-181)
Sec. 6-181.
To notify comptroller of deductions.
To notify the city comptroller of the amounts or percentages of salary
to be deducted from the salaries
of firemen and paid into the
fund.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-182) (from Ch. 108 1/2, par. 6-182)
Sec. 6-182.
To accept gifts.
To accept by gift, grant, bequest or otherwise any money or property of
any kind and use the same for the purposes of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-183) (from Ch. 108 1/2, par. 6-183)
Sec. 6-183.
To invest the monies of the fund in accordance with the
provisions set forth in Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111,
1-114 and 1-115 of this Act. Investments made in accordance with Section
1-113 shall be deemed prudent.
The Board may sell any of the securities belonging to the Fund and borrow
money upon such securities as collateral whenever, in its judgment, such
action is necessary to meet the cash requirements of the Fund.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended. The limitations set forth in such Section 6 shall be
applicable only at the time of investment and shall not require the
liquidation of any investment at any time.
The board shall have the authority to enter into such agreements and to
execute such documents as it determines to be necessary to complete any
investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities in its
own name or in the name of a nominee created for the express purpose of
registration of securities by a savings and loan association or national
or State bank or trust company authorized to conduct a trust business
in the State of Illinois.
Investments shall be carried at cost or at a book value in accordance with
accounting procedures approved by the board. No adjustments shall be made
in investment carrying values for ordinary current market price fluctuations;
but reserves may be provided to account for possible losses or unrealized
gains as determined by the board.
The book value of investments held by the pension fund in one or more
commingled investment accounts shall be the cost of its units
of participation in such commingled account or accounts as recorded on the
books of the board.
The board of trustees of any fund established under this Article may not
transfer its investment authority, nor transfer the assets of the fund
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing such transfer is submitted
for approval to the contributors and pensioners of the fund at elections
held not less than 30 days after the adoption of such resolution by the
board, and such resolution is approved by a majority of the votes cast on
the question in both the contributors election and the pensioners election.
The election procedures and qualifications governing the election of trustees
shall govern the submission of resolutions for approval under this paragraph,
insofar as they may be made applicable.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-183.1) Sec. 6-183.1. To lend securities. The board may lend securities owned by the Fund to a borrower upon such terms and conditions as may be mutually agreed in writing. Such agreement shall provide that during the period of such loan the Fund shall retain the right to receive, or collect from the borrower, all dividends, interest rights, or any distributions to which the Fund would have otherwise been entitled. The borrower shall deposit with the Fund, as collateral for such loan, cash equal to the market value of the securities at the time the loan is made and shall increase the amount of collateral if and when the Fund requests an additional amount because of subsequent increased market value of the securities. The period for which the securities may be loaned shall not exceed one year, and the loan agreement may specify earlier termination by either party upon mutually agreed conditions.
(Source: P.A. 99-793, eff. 8-12-16.) |
(40 ILCS 5/6-184) (from Ch. 108 1/2, par. 6-184)
Sec. 6-184.
To have an audit.
To contract with an independent certified
public accounting firm to perform an annual audit of the assets of the fund
and issue a financial opinion. The annual audit shall be in addition to
any examination of the fund by the State Director of Insurance.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-185) (from Ch. 108 1/2, par. 6-185)
Sec. 6-185.
To authorize payments.
To authorize the payment of any annuity, pension or benefit granted
under this Article, or under any other Act relating to firemen's pensions,
heretofore in effect in the city which has been superseded by this Article;
to increase, reduce, or suspend any such annuity, pension, or benefit
whenever any part thereof was secured or granted, or the amount thereof
fixed, as the result of misrepresentation, fraud, or error; provided, that
the annuitant, pensioner, or beneficiary concerned shall be notified and
given an opportunity to be heard concerning such proposed action. The board
shall have exclusive original jurisdiction in all matters relating to or
affecting the fund, including, in addition to all other matters, all claims
for annuities, benefits, refunds or pensions.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-186) (from Ch. 108 1/2, par. 6-186)
Sec. 6-186.
To require statements and determine service credits.
To require each fireman, including those on vacation and on leave of
absence to file a statement, in such form as the board directs, concerning
service rendered prior to the effective date, from which the board shall
make a determination of the length of such service; to determine, from such
information as shall be available, the period of service rendered prior to
the effective date by any fireman who fails to file such a statement.
The determination by the board shall be conclusive as to any such period
of service unless the board reconsiders any case within 2 years from the
date of the determination and changes the determination.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-187) (from Ch. 108 1/2, par. 6-187)
Sec. 6-187.
To issue certificate of service.
To issue to each present employee a certificate which shall show the
entire period of service rendered by him prior to the effective date and
the amounts to his credit as of such date for prior service annuity and
widow's prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-188) (from Ch. 108 1/2, par. 6-188)
Sec. 6-188.
To submit annual report to city council.
To submit a report annually in June to the city council. The report
shall be made as of the close of business on December 31st of the preceding
year, and shall contain a detailed statement of the affairs of the fund,
its income and disbursements for such year, its assets and liabilities, and
the status of the fund reserves.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-189) (from Ch. 108 1/2, par. 6-189)
Sec. 6-189.
To subpoena witnesses.
To compel witnesses to attend and testify before it upon any matter
concerning the fund, and, in its discretion, allow fees not in excess of $6
to any such witness other than a fireman for attendance upon any one day.
The president and other members of the board may administer oaths to
witnesses.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-190) (from Ch. 108 1/2, par. 6-190)
Sec. 6-190.
To appoint employees.
To appoint such actuarial, medical,
legal, clerical or other employees as may be necessary. The board shall
develop procedures for obtaining, by contract or employment, any necessary
professional assistance including investment advisors and managers,
auditors, actuaries, and medical and legal professionals.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-190.1) (from Ch. 108 1/2, par. 6-190.1)
Sec. 6-190.1.
To have a budget.
The board shall adopt an annual
budget at its regular January meeting.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-191) (from Ch. 108 1/2, par. 6-191)
Sec. 6-191.
To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-191.1) Sec. 6-191.1. To reproduce records. To have any records kept by the board photographed, microfilmed, or digitally or electronically reproduced in accordance with the Local Records Act. The photographs, microfilm, and digital and electronic reproductions shall be deemed original records and documents for all purposes, including introduction in evidence before all courts and administrative agencies.
(Source: P.A. 99-793, eff. 8-12-16.) |
(40 ILCS 5/6-192) (from Ch. 108 1/2, par. 6-192)
Sec. 6-192.
Moneys which may be held on deposit.
To pay annuities and benefits, the board may at all times keep
uninvested a sum not in excess of the amount required for such payments
which become due and payable within the following 90 days. Such sum or
any part thereof, shall be kept on deposit in any bank or savings and
loan association authorized to do business in this State. The amount which
the board may deposit
in any such bank or savings and loan association, however, shall not
exceed 25% of the paid up capital
and surplus of the bank or savings and loan association.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement, established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
|
(40 ILCS 5/6-193) (from Ch. 108 1/2, par. 6-193)
Sec. 6-193.
Accounting.
An adequate system of accounts and records shall
be established to give effect to the requirements of this Article, and
shall be maintained in accordance with generally accepted accounting
principles. The reserves designated in Sections 6-194 to 6-205, inclusive,
shall be maintained.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-194) (from Ch. 108 1/2, par. 6-194)
Sec. 6-194.
Expense reserve.
Amounts contributed by the city for cost of administration shall be
credited to this reserve. All expenses of administration shall be charged
to this reserve.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-195) (from Ch. 108 1/2, par. 6-195)
Sec. 6-195.
City contribution reserve.
All amounts which the city contributes for age and service annuity,
widow's and supplemental annuity, except those contributed in lieu of
deductions from salary of any fireman who
receives duty disability
benefit, and all amounts transferred to this reserve from the investment
and interest reserve shall be credited to this reserve.
An individual account shall be kept in this reserve for each employee
and for each widow for which the city shall contribute for supplemental
annuity to which city contributions and interest shall be credited.
At least once each year, and always before any transfer is made from
this reserve to any other reserve, the credits shall be improved by
interest.
When the annuity for a fireman or widow is fixed, and when
supplemental annuity for a widow first becomes payable, the total amount
in this reserve for the purpose of providing such annuity and required
therefor shall be charged to this reserve and credited to the annuity
payment reserve.
If there is to the credit of any fireman who withdraws from service
before age 63, an amount in excess of that required to provide him age
and service annuity, or in excess of that required to provide widow's
annuity for his wife (either or both) such amount shall be retained in
this reserve and improved by interest until the fireman becomes age 63
or dies, whichever event occurs first. Any such accumulated amount shall
then be used in accordance with the provisions of this Article.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-196) (from Ch. 108 1/2, par. 6-196)
Sec. 6-196.
Salary deduction reserve.
The following amounts shall be credited to this reserve: (1) Amounts deducted
from salaries of firemen for age
and service annuity and
widow's annuity; (2) amounts contributed by the city for any such
annuity purpose for any fireman who receives duty disability benefit, in
lieu of deductions from his salary; and (3) amounts transferred to this
reserve from the investment and interest reserve.
An individual account shall be kept for each fireman from whose
salary
any such amount is deducted. As such amounts are received, they
shall be allocated and credited to the respective accounts of the
firemen.
At least once each year, and always before any moneys shall be
transferred to any other reserve, the sums credited shall be improved by
interest.
When the annuity for a fireman or widow is fixed or granted, the
total amount in this reserve for the purpose of the annuity and required
therefor shall be charged thereto and credited to the annuity payment
reserve.
Amounts resulting from salary deductions,
and amounts resulting from
contributions of the city for any fireman who receives duty disability
benefit in lieu of deductions from his salary, that are to be refunded
in accordance with the provisions of this Article, except those referred
to in Section 6-197, shall be charged to this reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-197) (from Ch. 108 1/2, par. 6-197)
Sec. 6-197.
Annuity payment reserve.
The following amounts shall be credited to this reserve: (1) amounts
transferred from the city contribution reserve and from the salary deduction
reserve for the payment of annuities which have been fixed;
(2) amounts deducted from the salary
of a fireman after the amount of
his age and service annuity has been fixed; and (3) amounts transferred
to this reserve from the investment and interest reserve.
All age and service annuities and all widow's annuities shall be
charged to this reserve. Any amount to be refunded on account of such
annuities under Sections 6-143, 6-160 and 6-162 of this Article shall
be charged to this reserve.
If a fireman whose annuity is fixed or granted withdraws from service
and thereafter re-enters service before age 63, an amount determined in
accordance with this Article shall be charged to this reserve and
credited to him for age and service annuity in the city contribution and
salary deduction reserves, respectively. Such
amount shall be credited
in said reserves in the ratio in which the respective amounts
transferred from such reserves for age and service annuity for the
fireman bear to each other at the time his annuity was fixed. If the
wife of such fireman when he re-enters service was his wife when annuity
for his wife was fixed, an amount to be determined as provided in this
Article shall be transferred from this reserve and credited to the
fireman for widow's annuity in the city contribution reserve and the salary
deduction reserve, respectively. Such amount shall
be credited in
said reserves in the ratio in which the respective amounts transferred
bear to each other at the time the annuity for the wife of the fireman
was fixed.
If at the end of any year the balance in the Annuity Payment Reserve
is in excess of the liabilities chargeable thereto by 15% thereof, the
excess shall be transferred to the Investment and Interest Reserve,
Ordinary Disability Benefit Reserve, Expense Reserve, Prior Service
Annuity Reserve, or City Contribution Reserve in the order named, to
remove any deficiency then existing in such reserves.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-198) (from Ch. 108 1/2, par. 6-198)
Sec. 6-198.
Prior service annuity reserve.
The following amounts shall be credited to this reserve: (1) All
contributions of the city for prior service annuity and widow's prior
service annuity; (2) all other contributions of the city to provide prior
service annuities in accordance with this Article shall be credited to this
reserve; and (3) all assets of any firemen's pension fund which were
received by the board under "An Act to provide for a firemen's pension fund
and to create a board of trustees to administer said fund in cities having
a population exceeding two hundred thousand (200,000) inhabitants", filed
June 14, 1917, as amended, in such city on the effective date, as
provided in Section 10-9-53 of the Firemen's Annuity and Benefit Fund Act
of the Illinois Municipal Code.
All prior service annuities and widow's prior service annuities payable
under this Article and the "Firemen's Annuity and Benefit Fund Act of the
Illinois Municipal Code", and all annuities, benefits and pensions which
have been or shall be granted under said Act, filed June 14, 1917, as
amended, and the requirements for term annuities, shall be charged to this
reserve.
If at any time the balance in the investment and interest reserve is not
sufficient to permit a transfer from that reserve to the annuity payment
reserve of such amounts as are necessary according to the American
Experience Table of Mortality and the Combined Annuity Table and applicable
rates of interest, whichever table applies, to make the balance of the
annuity payment reserve equal to the liabilities chargeable thereto
(including among such liabilities, and in addition to all other liabilities
of such reserve, the present values of all annuities entered upon, and of
all annuities fixed and not entered upon to be charged to such reserve) any
amount necessary for such purpose shall be transferred from this reserve to
the investment and interest reserve.
(Source: Laws 1963, p. 2034.)
|
(40 ILCS 5/6-199) (from Ch. 108 1/2, par. 6-199)
Sec. 6-199.
Child's annuity reserve.
Amounts contributed by the city for child's annuities shall be credited
to this reserve and all such annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-200) (from Ch. 108 1/2, par. 6-200)
Sec. 6-200.
Duty disability reserve.
Amounts contributed by the city for duty disability benefit, child's
disability benefit, and compensation annuity shall be credited to this
reserve, and all such benefits and annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-201) (from Ch. 108 1/2, par. 6-201)
Sec. 6-201.
Ordinary disability reserve.
Amounts contributed by the city, and all amounts deducted from the salaries
of firemen for ordinary disability benefits
shall be credited
to this reserve, and all such benefits shall be charged to it.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-202) (from Ch. 108 1/2, par. 6-202)
Sec. 6-202.
Gift reserve.
All money or property received by the board for
any purposes of the fund under any law other than this law, or as gifts,
grants, or bequests or in any manner other than as provided in this
Article, shall be placed in this reserve and used for the purposes of the
fund as the board decides; provided that, whenever any gift of moneys or
other property is made to this reserve to be used for the benefit of any
class of beneficiaries of this fund, such moneys or other property shall be
used only for such specified purpose. The balance in this reserve shall be
annually improved by interest at the rate realized by the Board on its
investments in the previous year.
(Source: P.A. 86-273.)
|
(40 ILCS 5/6-203) (from Ch. 108 1/2, par. 6-203)
Sec. 6-203.
Investment and interest reserve.
All gains from investments and all interest earnings shall be
credited to the investment and interest reserve. All losses from
investments shall be charged to this reserve. From this reserve shall be
transferred all amounts due in interest upon balances existing in the
city contribution, salary deduction, prior service
annuity, ordinary
disability, and the gift reserves.
Such amounts as may be necessary, according to the American
Experience Table of Mortality and interest at 4% per annum, or the
Combined Annuity Mortality Table with 4% per annum as to the assets or
liabilities to which either table may be applicable in accordance with
this Article for the purpose of establishing a balance in the annuity
payment reserve equal to the liabilities chargeable thereto (including
among such liabilities and in addition to all other liabilities of such
reserve the present values of all annuities entered upon, or fixed and
not entered upon, to be charged to such reserve) shall be transferred to
the annuity payment reserve at least once each year.
That portion of the annual investment earnings on the fund's invested
assets as required by this Section shall be transferred from the
investment and interest reserve to the Supplementary Payment Reserve.
Any balance in the investment and interest reserve shall be either
charged or credited to the Prior Service Annuity Reserve depending on
whether a deficiency or surplus exists in the investment and interest
reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-204) (from Ch. 108 1/2, par. 6-204)
Sec. 6-204.
Death benefit reserve.
Amounts contributed by firemen and the city for ordinary death
benefits shall be credited to this reserve and all such benefits shall
be charged to this reserve. At the close of each fiscal year, interest
at the rate of 3% per year shall be credited on the mean balance in this
reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-205) (from Ch. 108 1/2, par. 6-205)
Sec. 6-205.
Automatic increase reserve.
Amounts contributed by firemen and the city to provide the 1 1/2%
retirement annuity increments as provided in Section 6-164, together
with interest allocations, shall be credited to this reserve, and all
payments for annuity increments shall be charged to this reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-206) (from Ch. 108 1/2, par. 6-206)
Sec. 6-206.
Deficiencies in reserves.
If at any time the balance in the expense reserve, the prior service
annuity reserve, the child's annuity reserve, the duty disability
reserve, or the ordinary disability reserve (either one of these) is not
sufficient to provide for expenses, annuities or benefits which are
chargeable to such reserves, the remainder required shall be transferred
from any or all of the following named reserves in the order stated:
city contribution reserve, prior service annuity reserve, salary deduction
reserve. When amounts in excess of that required to pay any
expenses, annuities or benefits chargeable to the reserves to which such
sums have been transferred shall be received into such reserves, such
excess amounts shall be transferred to the reserves from which any such
sums were taken until the full sum is returned to the reserves from
which a transfer was made. Interest at 4% per annum upon any transfer
and retransfer shall be credited to the investment and interest reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-207) (from Ch. 108 1/2, par. 6-207)
Sec. 6-207.
Treasurer of fund.
The city treasurer of the city is ex officio, the treasurer and
custodian of the fund and shall furnish the board a bond of such amount as
it designates, which bond shall indemnify the board against any loss which
may result from any action or failure to act on the part of such treasurer
and custodian or any of his agents. All fees and charges incidental to the
procuring and giving of the bond shall be paid by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-208) (from Ch. 108 1/2, par. 6-208)
Sec. 6-208.
Attorney.
The chief legal officer of the city is ex officio, the legal advisor of
and attorney for the board. The detailed legal work necessary to the proper
administration of the fund shall be performed by a licensed attorney
employed and paid by the board. All legal opinions of the attorney so
employed shall be submitted to the chief legal officer of the city before
action shall be taken thereon by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
Sec. 6-209.
In computing the service rendered by a fireman prior to
the effective date, the following periods shall be counted, in addition
to all periods during which he performed the duties of his position, as
periods of service for annuity purposes only: All periods of (a)
vacation, (b) leave of absence with whole or part pay, (c) leave of
absence without pay which were necessary on account of disability, and
(d) leave of absence during which he was engaged in the military or
naval service of the United States of America. Service credit shall not
be allowed for any period during which a fireman was in receipt of
pension on account of disability from any pension fund superseded by
this fund.
In computing the service rendered by a fireman on and after the
effective date, the following periods shall be counted in addition to
all periods during which he performed the duties of his position, as
periods of service for annuity purposes only: All periods of (a)
vacation, (b) leave of absence with whole or part pay, (c) leave of
absence during which he was engaged in the military or naval service of
the United States of America, (d) disability for which he receives any
disability benefit, (e) disability for which he receives whole or part
pay, (f) leave of absence, or other authorized relief from active
duty, during which he served as president of The Firemen's Association of
Chicago, provided that for all leaves of absence or other authorized relief under this item (f), including those beginning before the effective date of this amendatory Act of the 97th General Assembly, the fireman continues to remain in sworn status, subject to the professional standards of the public employer or those terms established in statute, (g) periods of suspension from duty not to exceed a total of one
year during the total period of service of the fireman, and (h) a period of
time not to exceed 23 days in 1980 in accordance with an agreement with the
City on a settlement of strike; provided that the fireman elects to
make contributions to the Fund for the various annuity and benefit purposes
according to the provisions of this Article as though he were an active
fireman, based upon the salary attached to the civil service rank held by
him during such absence from duty, and if the fireman so elects, the city
shall make the prescribed concurrent contributions for such annuity and
benefit purposes as provided in this Article, all to the end that such
fireman shall be entitled to receive the same annuities and benefits for
which he would otherwise be eligible if he had continued as an active
fireman during the periods of absence from duty.
In computing service on and after the effective date for ordinary
disability benefit, all periods described in the preceding paragraph,
except any period for which a fireman receives ordinary disability
benefit, shall be counted as periods of service.
In computing service for any of the purposes of this Article, credit
shall be given for any periods prior to January 9, 1997,
during which an active fireman (or fire paramedic) who is a member of the
General Assembly is on leave of absence or is otherwise
authorized to be absent from duty to enable him to perform his legislative
duties, notwithstanding any reduction in salary for such periods and
notwithstanding that the contributions paid by the fireman were based on
such reduced salary rather than the full amount of salary attached to his
civil service rank.
In computing service for any of the purposes of this Article, no
credit shall be given for any period during which a fireman was not
rendering active service because of his discharge from the service,
unless proceedings to test the legality of the discharge are filed in a
court of competent jurisdiction within one year from the date of
discharge and a final judgment is entered therein declaring the
discharge illegal.
No overtime or extra service shall be included in computing service
of a fireman and not more than one year or a proper fractional part
thereof of service shall be allowed for service rendered during any
calendar year.
(Source: P.A. 97-651, eff. 1-5-12.)
|
(40 ILCS 5/6-210) (from Ch. 108 1/2, par. 6-210) Sec. 6-210. Credit allowed for service in police department. Service rendered by a fireman, as a regularly appointed and sworn
policeman of the city shall be included, for the purposes of this
Article, as if such service were rendered as a fireman of the city.
Salary received by a fireman for any such service as a policeman shall
be considered, for the purposes of this Article, as salary received as a
fireman. Any annuity payable to a fireman under this Article shall be
reduced by any pension or annuity payable to him from any policemen's annuity and benefit fund in operation in the city, and any member entering service after January 1, 2011 shall not be given service credit in this fund for any period of time in which the member is in receipt of retirement benefits from any annuity and benefit fund in operation in the city. Any policeman who becomes a fireman, subsequent to July 1, 1935, may
contribute to the fund an amount equal to the sum which would have
accumulated to his credit from deductions from salary
for annuity
purposes if he had been contributing to the fund such sums as he
contributed for annuity purposes to the policemen's annuity and benefit
fund, and no credit for periods of service rendered by him in the police
department shall be allowed, under this Article, except as to such
periods for which he made contributions to the policemen's annuity and
benefit fund, provided he has made the payments required by this
Article.(Source: P.A. 96-1466, eff. 8-20-10.) |
(40 ILCS 5/6-210.1)
(from Ch. 108 1/2, par. 6-210.1)
Sec. 6-210.1. Credit for former employment with the fire department.
(a) Any fireman who (1) accumulated service credit in the Article 8 fund for
service as an employee of the Chicago Fire Department and (2) has terminated
that Article 8 service credit and received a refund of contributions therefor,
may establish service credit in this Fund for all or any part of that period of
service under the Article 8 fund by making written application to the Board by
January 1, 2010 and paying to this Fund (i) employee contributions based upon
the actual salary received and the rates in effect for members of this Fund at
the time of such service, plus (ii) the difference between the amount of employer contributions transferred to the Fund under Section 8-172.1 and the amounts equal to the employer's normal cost of contributions had such contributions been made at the rates in effect for members of this Fund at the time of such service, plus (iii) interest thereon calculated as follows:
(1) For applications received by the Board before | ||
| ||
(2) For applications received by the Board on or | ||
| ||
(3) For applications received by the Board on or | ||
| ||
A fireman who (1) retired on or after January 16, 2004 and on or before the effective date of this amendatory Act of the 93rd General Assembly and (2) files an application to establish service credit under this subsection (a) before January 1, 2005, shall have his or her pension recalculated prospectively to include the service credit established under this subsection (a).
(b) A fireman who, at any time during the period 1970 through 1983, was
an employee of the Chicago Fire Department but did not participate in any
pension fund subject to this Code with respect to that employment may establish
service credit in this Fund for all or any part of that employment by making
written application to the Board by January 1, 2010
and paying to
this Fund (i)
employee contributions based upon the actual salary received and the rates in
effect for members of this Fund at the time of that employment, plus (ii)
the amounts equal to the employer's normal cost of contributions had such contributions been made at the rates in effect for members of this Fund at the time of that employment, plus (iii) interest thereon calculated at the actuarially assumed rate, compounded annually,
from the first date of the employment for which credit is being established
under this subsection (b) to the date of payment.
(c) (Blank).
(d) Employer contributions shall be transferred as provided in Sections
6-210.2 and 8-172.1. The employer shall not be responsible for making any
additional employer contributions for any credit established under this
Section.
(Source: P.A. 96-727, eff. 8-25-09.)
|
(40 ILCS 5/6-210.2)
Sec. 6-210.2. City contributions for paramedics. Municipality credits
computed and credited under Article 8 for all firemen who (1) accumulated
service credit in the Article 8 fund for service as a paramedic, (2) have
terminated that Article 8 service credit and received a refund of
contributions, and (3) are participants in this Article 6 fund on the
effective date of this amendatory Act of the 96th General Assembly shall be
transferred by the Article 8 fund to this Fund, together with interest at the
actuarially assumed rate, compounded annually, to the date of the transfer, as
provided in Section 8-172.1 of this Code. These city contributions shall be
credited to the individual fireman only if he or she pays for prior service as
a paramedic in full to this Fund.
(Source: P.A. 96-727, eff. 8-25-09.) |
(40 ILCS 5/6-210.3)
Sec. 6-210.3. Payments and rollovers.
(a) The Board may adopt rules prescribing the manner of repaying refunds
and purchasing any other credits permitted under this Article. The rules may
prescribe the manner of calculating interest when payments or repayments are
made in installments.
(b) Rollover contributions from other retirement plans qualified under the
Internal Revenue Code of 1986 may be used to purchase any optional credit or
repay any refund permitted under this Article.
(Source: P.A. 93-654, eff. 1-16-04.) |
(40 ILCS 5/6-210.4) Sec. 6-210.4. Creditable service for pre-employment military service. An active fireman may establish a maximum of 24 months of additional service credit attributed to service in the armed forces of the United States that was served prior to employment by the city as a firefighter by applying in writing to the fund and, after substantiation of any such requested service, making contributions to the fund equal to (i) the employee contributions that would have been required had the service been rendered as a member, plus (ii) an amount determined by the fund to be equal to the employer's normal cost of the benefits accrued for that military service, plus (iii) interest at the actuarially assumed rate provided in the Fund's most recent annual actuarial valuation, compounded annually from the first date of membership in the fund to the date of payment on items (i) and (ii). This Section applies only to firemen in service on or after its effective date.
(Source: P.A. 96-260, eff. 8-11-09.) |
(40 ILCS 5/6-211)
(from Ch. 108 1/2, par. 6-211)
Sec. 6-211. Permanent and temporary positions; exempt positions above
career service rank.
(a) Except as specified in subsection (b), no annuity, pension or
other benefit shall be paid to a fireman or widow, under this Article, based
upon any salary paid by virtue of a temporary appointment, and all
contributions, annuities and benefits shall be related to the salary which
attaches to the permanent position of the fireman.
Any fireman temporarily serving in a position or rank other than that to
which he has received permanent appointment shall be considered, while so
serving, as though he were in his permanent position or rank, except that no
increase in any pension, annuity or other benefit hereunder shall accrue to
him by virtue of any service performed by him subsequent to attaining the
compulsory retirement age provided by law or ordinance.
This Section does not apply to any person certified to the
fire department by the civil service commission of the city, during the period
of probationary service.
A fireman who holds a position at the will of the Fire Commissioner or other
appointing authority, whether or not such position is an "exempt" position,
shall be deemed to hold a temporary position.
(b) Beginning on the effective date of this amendatory Act of the 93rd
General Assembly, for service in an exempt position above career service rank,
employee contributions shall be based on the actual full salary attached to the
exempt rank position held by the fireman.
For service in an exempt position above career service rank, benefit
computations under this Article shall be based on the actual full salary
attached to the exempt rank position held by the fireman if and only if:
(1) employee contributions have been paid on the | ||
| ||
(2) the fireman has held one or more exempt positions | ||
| ||
(3) the fireman was born before 1955.
(c) For service prior to the effective date of this amendatory Act of the
93rd General Assembly in an exempt position above career service rank for
which contributions have been paid only on the salary attached to the fireman's
permanent career service rank, a fireman may make the contributions required
under subsection (b) by paying to the Fund before the later of the date of
retirement or 6 months after the effective date of this amendatory Act, but
in no event later than July 1, 2005, an amount equal to the difference between
the employee contributions actually made for that service and the employee
contributions that would have been made based on the actual full salary
attached to the exempt rank position held by the fireman on or after January 1,
1994, plus interest thereon at the rate of 4% per year, compounded annually,
from the date of the service to the date of payment (or to the date of
retirement if retirement is before the effective date of this amendatory Act).
In the case of a fireman who retired in an exempt rank position after January
1, 1994 and before January 1, 1999 and in the case of a fireman who retired due
to attaining compulsory retirement age before December 1, 2003, the payment
under this subsection (c) shall be for a period of at least 5 years.
If a fireman dies while eligible to make the contributions required under
subsection (b) but before the contributions are paid, the fireman's widow may
elect to make the contributions.
(d) Subsection (e) of Section 6-111 and the changes made to this Section
by this amendatory Act of the 93rd General Assembly apply to a fireman who
retires (or becomes disabled) on or after January 1, 1994. In the case of a
benefit payable on the effective date of this amendatory Act, the resulting
increase in benefit shall begin to accrue with the first benefit payment
period commencing after the required contributions are paid.
(e) If a fireman or his survivors do not qualify to have benefits computed
on the full amount of salary received for service in an exempt position as
provided in subsection (b), benefits shall be computed on the basis of the
salary attached to the permanent career service rank, and a refund of any
employee contributions paid on the difference between the actual salary and
the salary attached to the permanent career service rank shall be payable to
the fireman upon termination of service, or to the fireman's widow or estate
upon the fireman's death.
(f) The tax levy computed under Section 6-165 shall be based on employee
contributions, including the payments of employee contributions under
subsections (a), (b), and (c) of this Section 6-211.
(g) The city shall pay to the Fund on an annual basis, in addition to
the usual city contributions, an amount at least equal to the sum of (1) the
increase in normal cost resulting from subsection (e) of Section 6-111 and
the changes made to this Section by this amendatory Act of the 93rd General
Assembly, plus (2) amortization (over a period of 30 years from the effective
date of this amendatory Act) of the initial unfunded liability resulting from
subsection (e) of Section 6-111 and the changes made to this Section by this
amendatory Act of the 93rd General Assembly. The payment required under this
subsection shall be no less than $400,000 per year. Payment shall begin with
the first calendar year commencing after the effective date of this amendatory
Act and shall be in addition to the tax levy otherwise calculated under Section
6-165. The city may increase that tax levy by the amount of the payment
required under this subsection, or it may utilize any funds appropriated for
this purpose.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/6-212) (from Ch. 108 1/2, par. 6-212)
Sec. 6-212.
Firemen in territory annexed to city.
Whenever any territory is annexed to a city, any person then regularly
employed as a paid fireman in the annexed territory, who is employed as a
fireman by the city on the date of annexation, shall automatically come
under the provisions of this Article. Service as a fireman rendered in such
territory shall be considered, for the purposes of this Article, as service
rendered in such city.
Any such fireman shall be treated, as of the date when such annexation
shall come into effect, in the manner specified in this Article concerning
present employees or future entrants of the city on the date upon which
this Article shall come into force and effect in such city.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-213) (from Ch. 108 1/2, par. 6-213)
Sec. 6-213.
Annuities, etc., exempt.
All pensions, annuities, refunds and
disability benefits granted under this Article and every portion thereof, are
exempt from attachment or garnishment process and shall not be seized, taken,
subjected to, detained, or levied upon by virtue of any judgment or any process
or proceeding whatsoever entered or issued by or out of any court in this
State, for the payment and satisfaction in whole or in part of any debt,
damage, claim, demand, or judgment against any pensioner, annuitant, applicant
for a refund or other beneficiary hereunder.
No pensioner, annuitant, applicant for a refund, disability beneficiary
or other beneficiary has a right to transfer or assign his or her pension,
annuity, refund or disability benefit or any part thereof by mortgage or
otherwise, except that an annuitant or disability beneficiary may direct in
writing that a monthly payment be made to such association or organization
with which he or his widow may be affiliated by virtue of his fire service,
or for hospitalization insurance purposes.
An annuitant may execute under oath a written waiver of his right to
receive all or any part of his annuity. The waiver shall take effect upon
being filed with the board and shall be irrevocable. The annuity shall
thereupon be permanently reduced by the amount waived.
The board, in its discretion, however, may pay to the wife of any above
stated person, such proportion of her husband's annuity, pension, refund or
disability benefit as a court may order, or such an amount as the board may
consider necessary for her support or for the support of herself and the
children, in the event of his failure to provide such support. The board may
also retain out of any future annuity, pension, refund or disability benefit
payment such amount or amounts, as it may in its discretion set for the purpose
of repayment into this fund of any moneys paid to such person through
misrepresentation, fraud or error. Any action herein provided to be taken by
the board shall, when taken, release the board and the fund from any liability
for any moneys retained or paid out as herein provided.
Whenever any annuity, pension, refund or disability benefit is payable
to a minor or to a person adjudged to be under legal disability, the board
in its discretion when to the apparent interest of such minor or person under
legal disability may waive guardianship proceedings and pay such money to the
person providing for or caring for such minor and to the wife, parent or
blood relative providing or caring for such person under legal disability.
Whenever a pensioner, annuitant, applicant for refund or disability
beneficiary disappears or his whereabouts are unknown and it cannot be
ascertained whether or not he is living, there shall be paid to his wife
under this section the amount which would be payable to her in the event
her fireman husband had died on the date of his disappearance. In the event
of his subsequent return, or upon satisfactory proof of his being alive,
the amount theretofore paid to his wife shall be charged against any moneys
payable to him under any of the provisions of this Article as though such
payment to his wife had been an allowance to her out of the moneys payable
to him as such pensioner, annuitant, applicant for refund or disability
beneficiary.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/6-214) (from Ch. 108 1/2, par. 6-214)
Sec. 6-214.
No compensation.
A member of a board of trustees of an annuity and benefit fund provided
for in this Article shall not receive any moneys from a pension fund as
salary for service performed as a member or employee of such board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-215) (from Ch. 108 1/2, par. 6-215)
Sec. 6-215.
No commissions on investments.
No member of the board of trustees and no person officially connected
with the board, either as an employee, or as legal advisor thereof, or as a
custodian of the fund, shall receive any commissions on account of any
investment made by the board, or act as the agent of any other person
concerning any such investment.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-216) (from Ch. 108 1/2, par. 6-216)
Sec. 6-216.
Facilities for board meetings.
Suitable rooms for office and meetings of the board of trustees of an
annuity and benefit fund provided for in this Article shall be provided by
the mayor of the city.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-217) (from Ch. 108 1/2, par. 6-217)
Sec. 6-217. Age stated in employment application to be conclusive.
For any fireman, as defined in this Article, who has filed an
application for appointment as a member of the fire department of the city,
the age therein stated shall be conclusive evidence of his age for the
purposes of providing all benefits under this Article. However, for any fireman, as defined in this Article, entering service with the City of Chicago Fire Department after January 1, 2020, the actual birthdate as provided in the fireman's birth certificate shall be conclusive evidence of the fireman's age for the purposes of this Article.
(Source: P.A. 101-365, eff. 8-9-19.)
|
(40 ILCS 5/6-218) (from Ch. 108 1/2, par. 6-218)
Sec. 6-218.
Duties of city officers.
It shall be the duty of the proper officers of the city to:
(a) Deduct the sums required by this Article from the
salaries of
firemen, as defined in this Article, and pay such sums to the board of
the fund in such manner as the board specifies;
(b) On the first day of each month, notify the board of the
employment of any new firemen, and of all discharges, resignations, and
suspensions from the service, deaths, and changes in salary which have
occurred during the preceding month, and the dates when any such events
occurred;
(c) Transmit to the board, in such form and at such time as the
board specifies, all information requested by the board concerning the
service, age, salary, residence, marital status, wife or widow,
children, parents, physical condition, mental condition, and death of
any firemen employed by the city; in particular, information concerning
service rendered by any such firemen prior to the effective date set
forth in this Article.
(d) Convey to the board all information required by the board
concerning each newly appointed or reappointed fireman immediately after
such appointment or reappointment;
(e) Certify to the board, as of some day in each year to be fixed by
the board, the name of each fireman to whom this Article applies;
(f) Keep such records concerning firemen as the board may reasonably
require and may specify.
All such duties shall be performed by the city officers without cost
to the fund.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/6-219) (from Ch. 108 1/2, par. 6-219)
Sec. 6-219.
Duty to comply with article.
It shall be the duty of all officers, officials, and employees of such
city to perform any and all acts required to carry out the intent and
purposes of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-220) (from Ch. 108 1/2, par. 6-220)
Sec. 6-220. Examination
and report by Director of Insurance.
The Director of Insurance biennially shall make a thorough examination
of the fund provided for in this Article. He or she shall report the results
thereof with such recommendations as he or she deems proper to the Governor for
transmittal to the General Assembly and send a copy to the board and to the
city council of the city. The city council shall file such report and
recommendations in the official record of its proceedings.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
|
(40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
Sec. 6-221. Felony conviction. None of the benefits provided in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as a fireman.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the fireman from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor
to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants after July 11, 1955 shall be deemed to have
consented to the provisions of this section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/6-222)
(from Ch. 108 1/2, par. 6-222)
Sec. 6-222. Administrative review.
(a) The provisions of the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the retirement board hereunder.
The term "administrative decision" is as defined in Section 3-101 of the
Code of Civil Procedure.
(b) If any fireman whose application for either a duty disability benefit
under Section 6-151 or for an occupational disease disability benefit under
Section 6-151.1 has been denied by the Retirement Board brings an action for
administrative review challenging the denial of disability benefits and the
fireman prevails in the action in administrative review, then the prevailing
fireman shall be entitled to recover from the Fund court costs and litigation
expenses, including reasonable attorney's fees, as part of the costs of the
action.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/6-223) (from Ch. 108 1/2, par. 6-223)
Sec. 6-223.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/6-224) (from Ch. 108 1/2, par. 6-224)
Sec. 6-224.
(a) Any active member of the General Assembly Retirement System
may apply for transfer of his credits and creditable service accumulated
under this Fund to the General Assembly System. Such credits and creditable
service shall be transferred forthwith. Payment by this Fund to the General
Assembly Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding any additional
or optional credits, which credits shall be refunded to the applicant; and
(2) municipality credits computed and credited under this Article including
interest, on the books of the Fund on the date the member terminated service
under the Fund. Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the General Assembly may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(Source: P.A. 81-1128.)
|
(40 ILCS 5/6-225) (from Ch. 108 1/2, par. 6-225)
Sec. 6-225.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/6-226) (from Ch. 108 1/2, par. 6-226)
Sec. 6-226.
Transfer of creditable service to Article 8, 9 or 13 fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the people who is
a participant in the pension fund established under Article 9 of this Code,
and any elected sanitary district commissioner who is a participant in a
pension fund established under Article 13 of this Code, may apply for
transfer of his credits and creditable service accumulated in this Fund to
such Article 8, 9 or 13 fund. Such creditable service shall be
transferred forthwith. Payment by this Fund to the Article 8, 9 or 13
fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
Participation in this Fund as to any
credits transferred under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by payment to the Fund of
the amount of the separation benefit plus interest thereon to the
date of payment.
(Source: P.A. 85-964; 86-1488.)
|
(40 ILCS 5/6-227) Sec. 6-227. Transfer of creditable service from Article 4. Until 6 months after the effective date of this amendatory Act of the 100th General Assembly, any active member of the Firemen's Annuity and Benefit Fund of Chicago may transfer to the Fund up to a total of 10 years of creditable service accumulated under Article 4 of this Code upon payment to the Fund within 5 years after the date of application of an amount equal to the difference between the amount of employee and employer contributions transferred to the Fund under Section 4-108.6 and the amounts determined by the Fund in accordance with this Section, plus interest on that difference at the actuarially assumed rate, compounded annually, from the date of service to the date of payment. The Fund must determine the fireman's payment required to establish creditable service under this Section by taking into account the appropriate actuarial assumptions, including without limitation the fireman's service, age, and salary history; the level of funding of the Fund; and any other factors that the Fund determines to be relevant. For this purpose, the fireman's required payment should result in no significant increase to the Fund's unfunded actuarial accrued liability determined as of the most recent actuarial valuation, based on the same assumptions and methods used to develop and report the Fund's actuarial accrued liability and actuarial value of assets under Statement No. 25 of Governmental Accounting Standards Board or any subsequent applicable Statement.
(Source: P.A. 100-544, eff. 11-8-17.) |
(40 ILCS 5/6-227.1) Sec. 6-227.1. Transfer of creditable service to Article 4. (a) Until 6 months after the effective date of this amendatory Act of the 101st General Assembly, any active participant in an Article 4 pension fund may apply for transfer of creditable service accumulated in the Firemen's Annuity and Benefit Fund of Chicago to any Article 4 pension fund. Such creditable service shall be transferred only upon payment by the Firemen's Annuity and Benefit Fund of Chicago to the Article 4 fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions in an amount equal to the | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in the Firemen's Annuity and Benefit Fund of Chicago as to any credits transferred under this Section shall terminate on the date of transfer. (b) An active participant in an Article 4 pension fund applying for a transfer of creditable service under subsection (a) may reinstate credits and creditable service terminated upon receipt of a refund by payment to the Article 4 pension fund of the amount of the refund with interest thereon at the actuarially assumed rate, compounded annually, from the date of the refund to the date of payment.
(Source: P.A. 101-474, eff. 8-23-19.) |
(40 ILCS 5/6-228)
Sec. 6-228. Action by Fund against third party; subrogation. In those cases where the injury or death for which a disability or death benefit is payable under this Article was caused under circumstances creating a legal liability on the part of some person or entity (hereinafter "third party") to pay damages to the fireman, legal proceedings may be taken against such third party to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits under this Article. In such case, however, if the action against such third party is brought by the injured fireman or his personal representative and judgment is obtained and paid, or settlement is made with such third party, either with or without suit, from the amount received by such fireman or personal representative, then there shall be paid to the Fund the amount of money representing the death or disability benefits paid or to be paid to the disabled fireman pursuant to the provisions of this Article. In all circumstances where the action against a third party is brought by the disabled fireman or his personal representative, the Fund shall have a claim or lien upon any recovery, by judgment or settlement, out of which the disabled fireman or his personal representative might be compensated from such third party. The Fund may satisfy or enforce any such claim or lien only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's claim or lien shall not be satisfied or enforced from that portion of a recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs. Where action is brought by the disabled fireman or his personal representative they shall forthwith notify the Fund, by personal service or registered mail, of such fact and of the name of the court where such suit is brought, filing proof of such notice in such action. The Fund may, at any time thereafter, intervene in such action upon its own motion. Therefore, no release or settlement of claim for damages by reason of injury to the disabled fireman, and no satisfaction of judgment in such proceedings, shall be valid without the written consent of the Board of Trustees authorized by this Code to administer the Fund created under this Article, except that such consent shall be provided expeditiously following a settlement or judgment. In the event the disabled fireman or his personal representative has not instituted an action against a third party at a time when only 3 months remain before such action would thereafter be barred by law, the Fund may, in its own name or in the name of the personal representative, commence a proceeding against such third party seeking the recovery of all damages on account of injuries caused to the fireman. From any amount so recovered, the Fund shall pay to the personal representative of such disabled fireman all sums collected from such third party by judgment or otherwise in excess of the amount of disability or death benefits paid or to be paid under this Article to the disabled fireman or his personal representative, and such costs, attorney's fees, and reasonable expenses as may be incurred by the Fund in making the collection or in enforcing such liability. The Fund's recovery, shall be satisfied only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's recovery shall not be satisfied from that portion of the recovery that has been or can be allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs. Additionally, with respect to any right of subrogation asserted by the Fund under this Section, the Fund, in the exercise of discretion, may determine what amount from past or future salary shall be appropriate under the circumstances to collect from the recovery obtained on behalf of the disabled fireman.
(Source: P.A. 96-727, eff. 8-25-09.) |
(40 ILCS 5/6-229) Sec. 6-229. Provisions applicable to new hires; Tier 2. (a) Notwithstanding any other provision of this Article, the provisions of this Section apply to a person who first becomes a fireman under this Article on or after January 1, 2011, and to certain qualified survivors of such a fireman. Such persons, and the benefits and restrictions that apply specifically to them under this Article, may be referred to as "Tier 2". (b) A fireman who has withdrawn from service, has attained age 50 or more, and has 10 or more years of service in that capacity shall be entitled, upon proper application being received by the Fund, to receive a Tier 2 monthly retirement annuity for his service as a fireman. The Tier 2 monthly retirement annuity shall be computed by multiplying 2.5% for each year of such service by his or her final average salary, subject to an annuity reduction factor of one-half of 1% for each month that the fireman's age at retirement is under age 55. The Tier 2 monthly retirement annuity is in lieu of any age and service annuity or other form of retirement annuity under this Article. The maximum retirement annuity under this subsection (b) shall be 75% of final average salary. For the purposes of this subsection (b), "final average salary" means the greater of (1) the average monthly salary obtained by dividing the total salary of the fireman during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period or (2) the average monthly salary obtained by dividing the total salary of the fireman during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period. Beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual salary based on the plan year of a member or participant to whom this Section applies shall not exceed $106,800; however, beginning July 1, 2025, the annual salary shall not exceed $141,407.74 and that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. Nothing in this amendatory Act of the 104th General Assembly shall cause or otherwise result in any retroactive adjustment of any employee contributions. (b-5) For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the retirement systems and pension funds by November 1 of each year. (c) Notwithstanding any other provision of this Article, for a person who first becomes a fireman under this Article on or after January 1, 2011, eligibility for and the amount of the annuity to which the qualified surviving spouse, children, and parents of the fireman are entitled under this subsection (c) shall be determined as follows: (1) The surviving spouse of a deceased fireman to | ||
| ||
As used in this subsection (c), "earned pension" | ||
| ||
(A) If the deceased fireman was receiving an | ||
| ||
If the deceased fireman was a parent of a child | ||
| ||
(B) If the deceased fireman was not receiving an | ||
| ||
If the deceased fireman was a parent of a child | ||
| ||
(C) If the deceased fireman was an active fireman | ||
| ||
If the deceased fireman was a parent of a child | ||
| ||
(D) Notwithstanding subdivisions (A), (B), and | ||
| ||
(E) Notwithstanding any other provision of this | ||
| ||
(F) Notwithstanding the other provisions of this | ||
| ||
(2) Surviving children of a deceased fireman subject | ||
| ||
(3) Surviving parents of a deceased fireman subject | ||
| ||
Notwithstanding Section 1-103.1, the changes made to this subsection by this amendatory Act of the 104th General Assembly apply without regard to whether the deceased fireman was in service on or after the effective date of this amendatory Act of the 104th General Assembly. The changes made by this amendatory Act of the 104th General Assembly shall not diminish the survivor's benefits described in this Section. (d) The General Assembly finds and declares that the provisions of this Section, as enacted by Public Act 96-1495, require clarification relating to necessary eligibility standards and the manner of determining and paying the intended Tier 2 benefits and contributions in order to enable the Fund to unambiguously implement and administer benefits for Tier 2 members. The changes to this Section and the conforming changes to Sections 6-150, 6-158, 6-164 (except for the changes to subsection (a) of that Section), 6-166, and 6-167 made by this amendatory Act of the 99th General Assembly are enacted to clarify the provisions of this Section as enacted by Public Act 96-1495, and are hereby declared to represent and be consistent with the original and continuing intent of this Section and Public Act 96-1495. (e) The changes to Sections 6-150, 6-158, 6-164 (except for the changes to subsection (a) of that Section), 6-166, and 6-167 made by this amendatory Act of the 99th General Assembly are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-1495) and, for the purposes of Section 1-103.1 of this Code, they apply without regard to whether the relevant fireman was in service on or after the effective date of this amendatory Act of the 99th General Assembly. (Source: P.A. 103-579, eff. 12-8-23; 104-65, eff. 8-1-25.) |
(40 ILCS 5/6-230) Sec. 6-230. Participation by an alderperson or member of city council. (a) A person shall be a member under this Article if he or she (1) is or was employed and receiving a salary as a fireman under item (a) of Section 6-106, (2) has at least 5 years of service under this Article, (3) is employed in a position covered under Section 8-243, (4) made an election under Article 8 to not receive service credit or be a participant under that Article, and (5) made an election to participate under this Article. (b) For the purposes of determining employee and employer contributions under this Article, the employee and employer shall be responsible for any and all contributions otherwise required if the person was employed and receiving salary as a fireman under item (a) of Section 6-106.
(Source: P.A. 102-15, eff. 6-17-21.) |
(40 ILCS 5/Art. 7 heading) ARTICLE 7.
ILLINOIS MUNICIPAL RETIREMENT FUND
|
(40 ILCS 5/7-101) (from Ch. 108 1/2, par. 7-101)
Sec. 7-101.
Creation of fund.
A retirement and benefit fund to be known as the "Illinois Municipal
Retirement Fund" is hereby created.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-102) (from Ch. 108 1/2, par. 7-102)
Sec. 7-102.
Purpose.
The purpose of this fund is to provide a sound and
efficient system for
the payment of annuities and other benefits, in addition to the annuities
and benefits available, as herein provided, under the Federal Social
Security Act, to certain officers and employees, and to their
beneficiaries, of municipalities, as herein defined.
It is the mission of this Fund to efficiently and impartially develop,
implement and administer programs that provide income protection to members
and their beneficiaries on behalf of participating employers in a prudent
manner.
(Source: P.A. 87-740.)
|
(40 ILCS 5/7-103) (from Ch. 108 1/2, par. 7-103)
Sec. 7-103.
Terms defined.
The terms used in this Article have the meanings ascribed to them in
Sections 7-104 to 7-131, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-104) (from Ch. 108 1/2, par. 7-104)
Sec. 7-104.
Fund.
"Fund": The Illinois Municipal Retirement Fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-105) (from Ch. 108 1/2, par. 7-105)
Sec. 7-105. "Municipality": A city, village, incorporated town, county,
township; a Financial Oversight Panel established pursuant to Article 1H of the School Code; and any school, park, sanitary, road, forest preserve, water, fire
protection, public health, river conservancy, mosquito abatement,
tuberculosis sanitarium, public community college district, or other local
district with general continuous power to levy taxes on the property within
such district; now existing or hereafter created within the State; and, for
the purposes of providing annuities and benefits to its employees, the fund
itself.
(Source: P.A. 103-464, eff. 8-4-23.)
|
(40 ILCS 5/7-106) (from Ch. 108 1/2, par. 7-106)
Sec. 7-106.
Participating municipality.
"Participating municipality": Any municipality included within this fund
in accordance with Section 7-132.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-107) (from Ch. 108 1/2, par. 7-107)
Sec. 7-107.
Instrumentality.
"Instrumentality": Any body, corporate or politic, or any legal entity,
other than a municipality, having power to appropriate for, or to authorize
expenditures for, payment of earnings to employees from any fund or funds
derived in whole or in part from taxes, assessments, fees or other revenues
of a municipality; and, in counties, the several county fee offices.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-108) (from Ch. 108 1/2, par. 7-108)
Sec. 7-108. "Participating Instrumentality". (a) A political entity created
under the laws of the State of Illinois, without general continuous power
to levy taxes, and which is legally separate and distinct from the State of
Illinois and any municipality and whose employees by reason of their
relation to such political entity are not employees of the State of
Illinois or a municipality; for the purposes of providing annuities and benefits to its employees, the Police Officers' Pension Investment Fund, as created under Article 22B of this Code; and for the purposes of providing annuities and benefits to its employees, the Firefighters' Pension Investment Fund, as created under Article 22C of this Code.
(b) A not-for-profit organization, which is incorporated under the laws
of the State of Illinois, or an association, membership in which is limited
to municipalities or limited to townships and authorized by statute.
(Source: P.A. 102-637, eff. 8-27-21.)
|
(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
Sec. 7-109. Employee.
(1) "Employee" means any person who:
(a) 1. Receives earnings as payment for the | ||
| ||
2. Under the usual common law rules applicable in | ||
| ||
(b) Serves as a township treasurer appointed under | ||
| ||
(c) Holds an elective office in a municipality, | ||
| ||
(2) "Employee" does not include persons who:
(a) Are eligible for inclusion under any of the | ||
| ||
1. "An Act in relation to an Illinois State | ||
| ||
2. Articles 15 and 16 of this Code.
However, such persons shall be included as employees | ||
| ||
However, any member of the armed forces who is | ||
| ||
(b) Are designated by the governing body of a | ||
| ||
(b-5) Were not participating employees under this | ||
| ||
(c) Are contributors to or eligible to contribute to | ||
| ||
(d) Become an employee of any of the following | ||
| ||
(e) Are members of the Board of Trustees of the | ||
| ||
(f) Are members of the Board of Trustees of the | ||
| ||
(3) All persons, including, without limitation, public defenders and
probation officers, who receive earnings from general or special funds
of a county for performance of personal services or official duties
within the territorial limits of the county, are employees of the county
(unless excluded by subsection (2) of this Section) notwithstanding that
they may be appointed by and are subject to the direction of a person or
persons other than a county board or a county officer. It is hereby
established that an employer-employee relationship under the usual
common law rules exists between such employees and the county paying
their salaries by reason of the fact that the county boards fix their
rates of compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and this
amendatory Act shall apply to all such employees from the date of
appointment whether such date is prior to or after the effective date of
this amendatory Act and is intended to clarify existing law pertaining
to their status as participating employees in the Fund.
(Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21; 102-813, eff. 5-13-22.)
|
(40 ILCS 5/7-109.1) (from Ch. 108 1/2, par. 7-109.1)
Sec. 7-109.1.
"Seasonal Employee":
An employee whose position normally
requires regular service during a period of at least 6 consecutive months,
but less than 12 months, in a 12 month period.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7-109.2) (from Ch. 108 1/2, par. 7-109.2)
Sec. 7-109.2.
"Intermittent Employee":
An employee, whose position normally
requires service intermittently, rather than regularly, and a person whose
position normally requires regular service for a period of less than 6
consecutive months in a 12 month period.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
(a) "Sheriff's law enforcement employee" or "SLEP" means:
(1) A county sheriff and all deputies, other than | ||
| ||
(2) A person who has elected to participate in this | ||
| ||
(3) A law enforcement officer employed on a full time | ||
| ||
(4) A person not eligible to participate in a fund | ||
| ||
(5) A person first hired on or after January 1, 2011 | ||
| ||
(b) An employee who is a sheriff's law enforcement employee and is granted
military leave or authorized leave of absence shall receive service credit in
that capacity. Sheriff's law enforcement employees shall not be entitled to
out-of-State service credit under Section 7-139.
(Source: P.A. 100-354, eff. 8-25-17; 100-1097, eff. 8-26-18.)
|
(40 ILCS 5/7-109.4) Sec. 7-109.4. Tier 1 regular employee. "Tier 1 regular employee" means a participant or an annuitant under this Article who first became a participant or member before January 1, 2011 under any retirement system or pension fund under this Code, other than a retirement system or pension fund established under Articles 2, 3, 4, 5, 6, or 18 or in any self-managed plan established under this Code, or the retirement plan established under Section 22-101. "Tier 1 regular employee" includes a person who received a separation benefit but is otherwise qualified under this Section and subsequently becomes a participating employee on or after January 1, 2011. "Tier 1 regular employee" includes a former participating employee who received a separation benefit under Section 7-167 for service earned prior to January 1, 2011 who returns to a qualifying position after January 1, 2011. "Tier 1 regular employee" includes a participating employee who has omitted service as defined in Section 7-111.5 that includes any period prior to January 1, 2011 only if he or she establishes sufficient service credit under item (12) of subsection (a) of Section 7-139 to include service prior to January 1, 2011. Notwithstanding anything contrary in this Section, "Tier 1 regular employee" does not include a participant or annuitant who is eligible to have his or her annuity calculated under Section 7-142.1 or a person who elected to establish alternative credits under Section 7-145.1.
(Source: P.A. 102-210, eff. 1-1-22.) |
(40 ILCS 5/7-109.5) Sec. 7-109.5. Tier 2 regular employee. "Tier 2 regular employee" means a person who first becomes a participant under this Article on or after January 1, 2011 and is not a Tier 1 regular employee. Notwithstanding anything contrary in this Section, "Tier 2 regular employee" does not include a participant or annuitant who is eligible to have his or her annuity calculated under Section 7-142.1 or a person who elected to establish alternative credits by electing in writing after January 1, 2011, but before August 8, 2011, under Section 7-145.1 of this Code.
(Source: P.A. 102-210, eff. 1-1-22.) |
(40 ILCS 5/7-110) (from Ch. 108 1/2, par. 7-110)
Sec. 7-110.
Participating employee.
"Participating employee": Any person included within this fund, and
eligible to benefits therefrom, as provided in Section 7-137.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-111) (from Ch. 108 1/2, par. 7-111)
Sec. 7-111.
"Prior Service":
The period beginning on the day a
participating employee first became an employee of a municipality, or of an
instrumentality thereof, or of a municipality or instrumentality that was
superseded by the employing participating municipality, or of a participating
instrumentality, and ending on the effective date of participation of the
municipality or participating instrumentality, or upon the latest termination
of service prior to such effective date, but excluding (a) the intervening
periods during which the employee was separated from the service of the
municipality and all instrumentalities thereof, or of the participating
instrumentality, (b) periods during which the employee was employed
in a position normally requiring less than 600 hours of service during a year,
and (c) periods during which the employee served in a position normally
requiring
performance of duty less than 1000 hours per year, if the
participating municipality or participating instrumentality adopted, prior to
its effective date of participation, a resolution or ordinance
excluding persons in such positions from participation.
(Source: P.A. 90-448, eff. 8-16-97.)
|
(40 ILCS 5/7-111.5) Sec. 7-111.5. "Omitted service": The period of service with a participating municipality or participating instrumentality during which an employee was required to participate in the Fund, but was not actually enrolled.
(Source: P.A. 98-932, eff. 8-15-14.) |
(40 ILCS 5/7-112) (from Ch. 108 1/2, par. 7-112)
Sec. 7-112.
"Current Service":
The period beginning on the day an employee
first becomes a participating employee and ending on the day of the latest
separation from service of all participating municipalities, and
instrumentalities thereof, and participating instrumentalities, but
excluding all intervening periods during which the employee was separated
from the service of all participating municipalities and instrumentalities
thereof, and participating instrumentalities.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7-113) (from Ch. 108 1/2, par. 7-113)
Sec. 7-113.
"Creditable Service":
All periods of prior service or
current service for which credits are granted under the provisions of Section
7-139.
(Source: P.A. 90-448, eff. 8-16-97.)
|
(40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114)
Sec. 7-114. Earnings. "Earnings":
(a) An amount to be determined by the board, equal to the sum of:
1. The total amount of money paid to an employee for | ||
| ||
2. The money value, as determined by rules prescribed | ||
| ||
(b) For purposes of determining benefits payable under this fund
payments to a person who is engaged in an independently established
trade, occupation, profession or business and who is paid for his
service on a basis other than a monthly or other regular salary, are not
earnings.
(c) If a disabled participating employee is eligible to receive Workers'
Compensation for an accidental injury and the participating municipality or
instrumentality which employed the participating employee when injured
continues to pay the participating employee regular salary or other
compensation or pays the employee an amount in excess of the Workers'
Compensation amount, then earnings shall be deemed to be the total payments,
including an amount equal to the Workers' Compensation payments. These
payments shall be subject to employee contributions and allocated as if paid to
the participating employee when the regular payroll amounts would have been
paid if the participating employee had continued working, and creditable
service shall be awarded for this period.
(d) If an elected official who is a participating employee becomes disabled
but does not resign and is not removed from office, then earnings shall include
all salary payments made for the remainder of that term of office and the
official shall be awarded creditable service for the term of office.
(e) If a participating employee is paid pursuant to "An Act to provide for
the continuation of compensation for law enforcement officers, correctional
officers and firemen who suffer disabling injury in the line of duty", approved
September 6, 1973, as amended, the payments shall be deemed earnings, and the
participating employee shall be awarded creditable service for this period.
(f) Additional compensation received by a person while serving as a
supervisor of assessments, assessor, deputy assessor or member of a board of
review from the State of Illinois pursuant to Section 4-10 or 4-15 of the
Property Tax Code shall not be
earnings for purposes of this Article and shall not be included in the
contribution formula or calculation of benefits for such person pursuant to
this Article.
(g) Notwithstanding any other provision of this Article, calendar year earnings for Tier 2 regular employees to whom this Section applies shall not exceed the amount determined by the Public Pension Division of the Department of Insurance as required in this subsection; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the Fund by November 1 of each year. (Source: P.A. 102-210, eff. 1-1-22.)
|
(40 ILCS 5/7-115) (from Ch. 108 1/2, par. 7-115)
Sec. 7-115.
Rate of earnings.
"Rate of earnings": The actual rate upon which the earnings of an
employee are calculated at any time, as certified in a written notice, on
file with the board, by the governing body of the municipality, or
instrumentality, or participating instrumentality. For periods during which
the employee did not participate but is entitled to creditable service,
the monthly earnings shall be considered to be the earnings in the position
for each calendar year divided by the number of months of creditable service
in that year.
(Source: P.A. 82-596.)
|
(40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
Sec. 7-116. "Final rate of earnings":
(a) For retirement and survivor annuities, the monthly earnings obtained
by dividing the total earnings received by the employee during the period of
either (1) for Tier 1 regular employees, the 48 consecutive months of service within the last 120 months of
service in which his total earnings were the highest, (2) for Tier 2 regular employees, the 96 consecutive
months of service within the last 120 months of service in
which his total earnings were the highest, or (3) the
employee's total period of service, by the number of months
of service in such period.
(b) For death benefits, the higher of the rate determined under
paragraph (a) of this Section or total earnings received in the last 12 months
of service divided by twelve. If the deceased employee has less than 12 months
of service, the monthly final rate shall be the monthly rate of pay the
employee was receiving when he began service.
(c) For disability benefits, the total earnings of a participating
employee in the last 12 calendar months of service prior to the date he
becomes disabled divided by 12.
(d) In computing the final rate of earnings: (1) the earnings rate for
all periods of prior service shall be considered equal to the average
earnings rate for the last 3 calendar years of prior service for
which creditable service is received under Section 7-139 or, if there is less than 3 years of
creditable prior service, the average for the total prior service period
for which creditable service is received under Section 7-139; (2) for out
of state service and authorized
leave, the earnings rate shall be the rate upon which service credits are
granted; (3) periods of military leave shall not be considered; (4) the
earnings rate for all periods of disability shall be considered equal to
the rate of earnings upon which the employee's disability benefits are
computed for such periods; (5) the earnings to be considered for each of
the final three months of the final earnings period for persons who first became participants before January 1, 2012 and the earnings to be considered for each of the final 24 months for participants who first become participants on or after January 1, 2012 shall not exceed 125%
of the highest earnings of any other month in the final earnings period;
and (6) the annual amount of final rate of earnings shall be the monthly
amount multiplied by the number of months of service normally required by
the position in a year.
(Source: P.A. 102-210, eff. 1-1-22.)
|
(40 ILCS 5/7-117) (from Ch. 108 1/2, par. 7-117)
Sec. 7-117.
Annuitant.
"Annuitant": A person receiving an annuity from this fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-118) (from Ch. 108 1/2, par. 7-118)
Sec. 7-118. "Beneficiary".
(a) "Beneficiary" means: (1) Any person or persons, trust, or charity | ||
| ||
(2) Any person or persons, trust, or charity | ||
| ||
(3) The estate of a surviving spouse annuitant where | ||
| ||
(b) Designations of
beneficiaries shall be in writing on forms prescribed by the board and
effective upon filing in the fund offices. The designation forms shall
provide for contingent beneficiaries. Divorce, dissolution or annulment
of marriage revokes the designation of an employee's former spouse as a
beneficiary on a designation executed before entry of judgment for divorce,
dissolution or annulment of marriage.
(Source: P.A. 96-1140, eff. 7-21-10.)
|
(40 ILCS 5/7-119) (from Ch. 108 1/2, par. 7-119)
Sec. 7-119.
Annuity.
"Annuity": A series of equal monthly payments, payable as of the first
day of each calendar month during the life of an annuitant, the first
payment to be made as of the first day of the calendar month coincidental
with or next following the date upon which the annuity begins, and the last
payment to be made as of the first day of the calendar month in which the
annuitant dies or the annuity is terminated.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-120) (from Ch. 108 1/2, par. 7-120)
Sec. 7-120.
Board.
"Board": The board of trustees of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-121) (from Ch. 108 1/2, par. 7-121)
Sec. 7-121.
"Governing body":
(a) the city council in cities; (b) the board
of trustees in villages or in incorporated towns; (c) the county board in
counties; (d) in townships, the electors for purposes of electing whether
the township shall participate and to appropriate funds and levy taxes for
municipal contributions, under Section 7-171, for the town and any other
bodies politic included as a part of the town under Section 7-132.1 and the
Board of Town Trustees for all other purposes; (e) the
corporate authority,
body or officers, as the case may be, authorized by law to levy taxes for
the maintenance and operation of the municipality in other municipalities;
(f) the person or group of persons having ultimate authority to expend
funds for the payment of earnings to employees in participating
instrumentalities; or, (g) the board itself.
(Source: P.A. 82-783.)
|
(40 ILCS 5/7-122) (from Ch. 108 1/2, par. 7-122)
Sec. 7-122.
Effective date.
"Effective date": The date the provisions of this fund become applicable
to any participating municipality and to all instrumentalities thereof and
to participating instrumentalities, as provided in Section 7-132.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-123) (from Ch. 108 1/2, par. 7-123)
Sec. 7-123.
Effective rate of interest.
"Effective rate of interest":
The interest rate determined by the Board for any calendar year which shall
distribute, to the extent reasonably determinable prior to the year for which
the rate is applicable, the current earnings (excluding capital gains) on
assets of the fund to reserves as provided by Section 7-209, after
due allowance is made for special reserve requirements under Section 7-208.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(40 ILCS 5/7-124) (from Ch. 108 1/2, par. 7-124)
Sec. 7-124.
Prescribed rate of interest.
"Prescribed rate of interest": The rate of interest to be used for
calculation of the rates of municipality contributions and amounts of
annuities and benefits as determined by the board on the basis of the
probable effective rate of interest on a long term basis.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-125) (from Ch. 108 1/2, par. 7-125)
Sec. 7-125.
Federal Social Security Act.
"Federal Social Security Act": Title II of the Social Security Act of
August 14, 1935, 74th Congress, Ch. 531, 49 Stat. 620, 42 U.S. Code, Ch. 7,
Supp., as heretofore or hereafter amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-126) (from Ch. 108 1/2, par. 7-126)
Sec. 7-126.
Federal Insurance Contributions Act.
"Federal Insurance Contributions Act": Chapter 21 of Sub-title C of the
Internal Revenue Code of 1954, 83rd Congress, Public Law 591, Chap. 736,
approved August 16, 1954, as heretofore or hereafter amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-127) (from Ch. 108 1/2, par. 7-127)
Sec. 7-127.
Social Security Enabling Act.
"Social Security Enabling Act": Article 21 of the Illinois Pension Code,
as the same may from time to time be amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-128) (from Ch. 108 1/2, par. 7-128)
Sec. 7-128.
State agency.
"State agency": The Social Security Unit of the State Employees'
Retirement System of Illinois as defined in the Social Security Enabling
Act or any agency succeeding to the duties thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-129) (from Ch. 108 1/2, par. 7-129)
Sec. 7-129.
Covered municipalities and participating instrumentalities.
"Covered municipalities and participating instrumentalities":
Municipalities and participating instrumentalities covered under the
Federal Social Security Act as provided in Section 7-136 hereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-130) (from Ch. 108 1/2, par. 7-130)
Sec. 7-130.
Covered employee.
"Covered employee": An employee covered under the Federal Social
Security Act as provided in Section 7-138 hereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132) Sec. 7-132. Municipalities, instrumentalities and participating instrumentalities included and effective dates. (A) Municipalities and their instrumentalities. (a) The following described municipalities, but not including any with more than 1,000,000 inhabitants, and the instrumentalities thereof, shall be included within and be subject to this Article beginning upon the effective dates specified by the Board: (1) Except as to the municipalities and | ||
| ||
However, for any city, village or incorporated town | ||
| ||
(2) School districts, other than those specifically | ||
| ||
(3) Towns and all other bodies politic and corporate | ||
| ||
(4) Any other municipality (together with its | ||
| ||
(b) A municipality that is about to begin participation shall submit to the Board an application to participate, in a form acceptable to the Board, not later than 90 days prior to the proposed effective date of participation. The Board shall act upon the application within 90 days, and if it finds that the application is in conformity with its requirements and the requirements of this Article, participation by the applicant shall commence on a date acceptable to the municipality and specified by the Board, but in no event more than one year from the date of application. (c) A participating municipality which succeeds to the functions of a participating municipality which is dissolved or terminates its existence shall assume and be transferred the net accumulation balance in the municipality reserve and the municipality account receivable balance of the terminated municipality. (d) In the case of a Veterans Assistance Commission whose employees were being treated by the Fund on January 1, 1990 as employees of the county served by the Commission, the Fund may continue to treat the employees of the Veterans Assistance Commission as county employees for the purposes of this Article, unless the Commission becomes a participating instrumentality in accordance with subsection (B) of this Section. (B) Participating instrumentalities. (a) The participating instrumentalities designated in paragraph (b) of this subsection shall be included within and be subject to this Article if: (1) an application to participate, in a form | ||
| ||
(2) the Board finds that the application is in | ||
| ||
The Board shall notify the applicant of its findings within 90 days after receiving the application, and if the Board approves the application, participation by the applicant shall commence on the effective date specified by the Board. (b) The following participating instrumentalities, so long as they meet the requirements of Section 7-108 and the area served by them or within their jurisdiction is not located entirely within a municipality having more than one million inhabitants, may be included hereunder: i. Township School District Trustees. ii. Multiple County and Consolidated Health | ||
| ||
iii. Public Building Commissions created under the | ||
| ||
iv. A multitype, consolidated or cooperative library | ||
| ||
v. Regional Planning Commissions created under | ||
| ||
vi. Local Public Housing Authorities created under | ||
| ||
vii. Illinois Municipal League. viii. Northeastern Illinois Metropolitan Area | ||
| ||
ix. Southwestern Illinois Metropolitan Area Planning | ||
| ||
x. Illinois Association of Park Districts. xi. Illinois Supervisors, County Commissioners and | ||
| ||
xii. Tri-City Regional Port District. xiii. An association, or not-for-profit corporation, | ||
| ||
xiv. Drainage Districts operating under the Illinois | ||
| ||
xv. Local mass transit districts created under the | ||
| ||
xvi. Soil and water conservation districts created | ||
| ||
xvii. Commissions created to provide water supply or | ||
| ||
xviii. Public water districts created under the | ||
| ||
xix. Veterans Assistance Commissions established | ||
| ||
xx. The governing body of an entity, other than a | ||
| ||
xxi. The Illinois Municipal Electric Agency. xxii. The Waukegan Port District. xxiii. The Fox Waterway Agency created under the Fox | ||
| ||
xxiv. The Illinois Municipal Gas Agency. xxv. The Kaskaskia Regional Port District. xxvi. The Southwestern Illinois Development Authority. xxvii. The Cairo Public Utility Company. xxviii. Except with respect to employees who elect to | ||
| ||
xxix. United Counties Council (formerly the Urban | ||
| ||
xxx. The Will County Governmental League, but only if | ||
| ||
xxxi. The Firefighters' Pension Investment Fund. xxxii. The Police Officers' Pension Investment Fund. xxxiii. The Joliet Regional Port District. (c) The governing boards of special education joint agreements created under Section 10-22.31 of the School Code without designation of an administrative district shall be included within and be subject to this Article as participating instrumentalities when the joint agreement becomes effective. However, the governing board of any such special education joint agreement in effect before September 5, 1975 shall not be subject to this Article unless the joint agreement is modified by the school districts to provide that the governing board is subject to this Article, except as otherwise provided by this Section. The governing board of the Special Education District of Lake County shall become subject to this Article as a participating instrumentality on July 1, 1997. Notwithstanding subdivision (a)1 of Section 7-139, on the effective date of participation, employees of the governing board of the Special Education District of Lake County shall receive creditable service for their prior service with that employer, up to a maximum of 5 years, without any employee contribution. Employees may establish creditable service for the remainder of their prior service with that employer, if any, by applying in writing and paying an employee contribution in an amount determined by the Fund, based on the employee contribution rates in effect at the time of application for the creditable service and the employee's salary rate on the effective date of participation for that employer, plus interest at the effective rate from the date of the prior service to the date of payment. Application for this creditable service must be made before July 1, 1998; the payment may be made at any time while the employee is still in service. The employer may elect to make the required contribution on behalf of the employee. The governing board of a special education joint agreement created under Section 10-22.31 of the School Code for which an administrative district has been designated, if there are employees of the cooperative educational entity who are not employees of the administrative district, may elect to participate in the Fund and be included within this Article as a participating instrumentality, subject to such application procedures and rules as the Board may prescribe. The Boards of Control of cooperative or joint educational programs or projects created and administered under Section 3-15.14 of the School Code, whether or not the Boards act as their own administrative district, shall be included within and be subject to this Article as participating instrumentalities when the agreement establishing the cooperative or joint educational program or project becomes effective. The governing board of a special education joint agreement entered into after June 30, 1984 and prior to September 17, 1985 which provides for representation on the governing board by less than all the participating districts shall be included within and subject to this Article as a participating instrumentality. Such participation shall be effective as of the date the joint agreement becomes effective. The governing boards of educational service centers established under Section 2-3.62 of the School Code shall be included within and subject to this Article as participating instrumentalities. The governing boards of vocational education cooperative agreements created under the Intergovernmental Cooperation Act and approved by the State Board of Education shall be included within and be subject to this Article as participating instrumentalities. If any such governing boards or boards of control are unable to pay the required employer contributions to the fund, then the school districts served by such boards shall make payment of required contributions as provided in Section 7-172. The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the total number of students in average attendance for such period for all districts served. If such educational service centers, vocational education cooperatives or cooperative or joint educational programs or projects created and administered under Section 3-15.14 of the School Code are dissolved, the assets and obligations shall be distributed among the districts in the same proportions unless otherwise provided. The governing board of Paris Cooperative High School shall be included within and be subject to this Article as a participating instrumentality on the effective date of this amendatory Act of the 96th General Assembly. If the governing board of Paris Cooperative High School is unable to pay the required employer contributions to the fund, then the school districts served shall make payment of required contributions as provided in Section 7-172. The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the total number of students in average attendance for such period for all districts served. If Paris Cooperative High School is dissolved, then the assets and obligations shall be distributed among the districts in the same proportions unless otherwise provided. The Philip J. Rock Center and School shall be included within and be subject to this Article as a participating instrumentality on the effective date of this amendatory Act of the 97th General Assembly. The Philip J. Rock Center and School shall certify to the Fund the dates of service of all employees within 90 days of the effective date of this amendatory Act of the 97th General Assembly. The Fund shall transfer to the IMRF account of the Philip J. Rock Center and School all creditable service and all employer contributions made on behalf of the employees for service at the Philip J. Rock Center and School that were reported and paid to IMRF by another employer prior to this date. If the Philip J. Rock Center and School is unable to pay the required employer contributions to the Fund, then the amount due will be paid by all employers as defined in item (2) of paragraph (a) of subsection (A) of this Section. The payments shall be allocated among these employers in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the total number of students in average attendance for such period for all districts. If the Philip J. Rock Center and School is dissolved, then its IMRF assets and obligations shall be distributed in the same proportions unless otherwise provided. Financial Oversight Panels established under Article 1H of the School Code shall be included within and be subject to this Article as a participating instrumentality on the effective date of this amendatory Act of the 97th General Assembly. If the Financial Oversight Panel is unable to pay the required employer contributions to the fund, then the school districts served shall make payment of required contributions as provided in Section 7-172. If the Financial Oversight Panel is dissolved, then the assets and obligations shall be distributed to the district served. (d) The governing boards of special recreation joint agreements created under Section 8-10b of the Park District Code, operating without designation of an administrative district or an administrative municipality appointed to administer the program operating under the authority of such joint agreement shall be included within and be subject to this Article as participating instrumentalities when the joint agreement becomes effective. However, the governing board of any such special recreation joint agreement in effect before January 1, 1980 shall not be subject to this Article unless the joint agreement is modified, by the districts and municipalities which are parties to the agreement, to provide that the governing board is subject to this Article. If the Board returns any employer and employee contributions to any employer which erroneously submitted such contributions on behalf of a special recreation joint agreement, the Board shall include interest computed from the end of each year to the date of payment, not compounded, at the rate of 7% per annum. (e) Each multi-township assessment district, the board of trustees of which has adopted this Article by ordinance prior to April 1, 1982, shall be a participating instrumentality included within and subject to this Article effective December 1, 1981. The contributions required under Section 7-172 shall be included in the budget prepared under and allocated in accordance with Section 2-30 of the Property Tax Code. (f) The Illinois Medical District Commission created under the Illinois Medical District Act may be included within and subject to this Article as a participating instrumentality, notwithstanding that the location of the District is entirely within the City of Chicago. To become a participating instrumentality, the Commission must apply to the Board in the manner set forth in paragraph (a) of this subsection (B). If the Board approves the application, under the criteria and procedures set forth in paragraph (a) and any other applicable rules, criteria, and procedures of the Board, participation by the Commission shall commence on the effective date specified by the Board. (C) Prospective participants. Beginning January 1, 1992, each prospective participating municipality or participating instrumentality shall pay to the Fund the cost, as determined by the Board, of a study prepared by the Fund or its actuary, detailing the prospective costs of participation in the Fund to be expected by the municipality or instrumentality.(Source: P.A. 104-284, eff. 8-15-25.) |
(40 ILCS 5/7-132.1) (from Ch. 108 1/2, par. 7-132.1)
Sec. 7-132.1.
Towns - Election to participate.
For purposes of this Article, a town which is not a participating
municipality on the effective date of this Act, shall be considered to
include the town itself and all other bodies politic heretofor or hereafter
established by or subject to the direct or indirect control of the town
electors. As so defined, a town may participate in the Fund, on the first
day of January after the year in which a valid participation ordinance, adopted by the town electors, has been filed with
the Board. The following procedures shall govern adoption of a participation
ordinance by the town electors:
(a) A resolution, adopted by the town electors at an | ||
| ||
(b) If the Board finds that the town has adequate | ||
| ||
(c) Upon receipt of an approved application, the | ||
| ||
(d) An ordinance to elect participation shall | ||
| ||
Upon the filing of the ordinance, for the purpose of providing benefits
to their employees and their survivors, the town and the other bodies
politic, whether or not they were participating municipalities, shall be
considered and deemed to be a single municipality. It is declared to be the
policy of the State, that since the town and the other bodies politic serve
the same geographical area, that for the purposes of this Article they are
properly designated as a single municipality.
No town may elect to participate in this Fund except as provided in this
Section. In any town which has not elected to participate in the Fund on
the effective date of this Act, no body politic established by or subject
to the control of the town electors may elect to participate in the Fund,
except as a part of the town as provided in this Section.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(40 ILCS 5/7-132.2) (from Ch. 108 1/2, par. 7-132.2)
Sec. 7-132.2.
Regional office of education.
(a) A regional office of education serving 2 or more counties, except those serving a county of 1,000,000 inhabitants or more, formed pursuant to
Article 3A of the School Code shall be included within and be subject to this
Article, effective as of the effective date of consolidation. For the purpose
of this Article, a regional office of education serving 2 or more counties shall be considered a
participating instrumentality but the requirements of Sections 7-106 and 7-132
shall not apply to it. Each county served by a regional office of education
that serves 2 or more
counties shall pay its proportional cost of the office's
municipality contributions. This cost shall be included in the budget prepared
under and apportioned in the manner provided by Section 3A-7 of the School
Code. Each county may include the cost for its share of the municipality
contributions required for the regional office of education in
its appropriation and tax levy under Section 7-171 of this Article.
(b) At the request of the county, the Board may designate any
participating regional office of education
to be a separate reporting entity distinct from the county.
(Source: P.A. 90-448, eff. 8-16-97.)
|
(40 ILCS 5/7-132.3) (from Ch. 108 1/2, par. 7-132.3)
Sec. 7-132.3.
The EDC Foundation of Chicago.
The EDC
Foundation of Chicago, an Illinois not-for-profit
corporation, may participate in the Fund and become subject to this Article as follows:
(1) By October 1 of the year preceding the year in which participation
is to begin, the Foundation may, with the authorization of at least
two-thirds of the members of its governing body, file an application with the Board.
(2) The Board shall review the application to determine whether it is in
conformity with the provisions of this Article. Along with such other
provisions as the Board may require, the application shall include a
demonstration that (i) the Foundation has a reasonable expectation of
continuing in existence for at least 10 years, and (ii) the Foundation has
the prospective financial capacity to enable it to meet its current and
future obligations to the Fund. Such financial capacity may be established
by evidence of a contractual commitment by the City of Chicago to assume or
guarantee any unpaid obligations of the Foundation to the Fund, or by the
Foundation entering into an agreement with the Board to pay annually to the
Fund any actuarially determined unfunded obligation relating to the
Foundation, in addition to the employer contributions required under Section 7-172.
(3) If the Board determines that the application is in conformity with
the requirements of this Article, and that participation by the Foundation
would not reasonably be expected to impair the actuarial soundness of the
Fund, it shall approve the application.
If the application is approved, the Foundation's employees shall begin
participation on the following January 1, and the Foundation shall
thereupon become a participating instrumentality for the purposes of Section 7-172.
(Source: P.A. 86-272.)
|
(40 ILCS 5/7-134) (from Ch. 108 1/2, par. 7-134)
Sec. 7-134.
Municipality referendum and notice of election to
participate.
(a) A municipality electing to be included within this Article by
referendum shall hold such referendum within the territory of the municipality
following the filing of a written petition of at least 300 legal voters
or at least 1% of the legal voters of the municipality, whichever is less.
The question shall be certified to the proper election officials, who
shall submit the question to the voters at an election in accordance with
the general election law.
If a majority of the voters who vote upon
this question vote for inclusion of the
municipality, notice of the election to be included shall be given as
provided in this section and the municipality shall thereupon be so
included.
The proposition shall be in substantially the following form:
Shall the....(here name themunicipality or municipalities in which YESthe question is being voted upon) beincluded within the provisions of Article 7 of the Illinois Pension Code, asamended, pertaining to the creation of the NO"Illinois Municipal Retirement Fund"?
Where the boundaries of 2 or more municipalities are coextensive, one
ballot is sufficient for all municipalities specified in the ballot.
(b) A municipality electing to participate shall within 10 days
after the election submit to the board a certified notice of the
election to participate. The notice shall:
1. Be in writing,
2. Indicate the date of the election,
3. Specify all the instrumentalities of the municipality,
4. Be officially certified by the clerk or other proper official of
the municipality as having been duly made in accordance with the
provisions of this Article.
(Source: P.A. 81-1535.)
|
(40 ILCS 5/7-135) (from Ch. 108 1/2, par. 7-135) Sec. 7-135. Authorized agents. (a) Each participating municipality and participating instrumentality shall appoint an authorized agent who shall have the powers and duties set forth in this section. In absence of such appointment, the duties of the authorized agent shall devolve upon the clerk or secretary of the municipality or instrumentality, the township supervisor in the case of a township, and in the case of township school trustees upon the township school treasurer. (b) The authorized agent shall have the following powers and duties: 1. To certify to the fund whether or not a given | ||
| ||
2. To certify to the fund when a participating | ||
| ||
3. To request the proper officer to cause employee | ||
| ||
4. To request the proper officer to cause | ||
| ||
5. To forward promptly to all participating employees | ||
| ||
6. To forward promptly to the fund all applications, | ||
| ||
7. To perform all duties related to the | ||
| ||
(c) The governing body of each participating municipality and participating instrumentality may delegate any or all of the following powers and duties to its authorized agent: 1. To file a petition for nomination of an executive | ||
| ||
2. To cast the ballot for election of an executive | ||
| ||
If a governing body does not authorize its agent to perform the powers and duties set forth in this paragraph (c), they shall be performed by the governing body itself, unless the governing body by resolution duly certified to the fund delegates them to some other officer or employee. (d) The delivery of any communication or document by an employee or a participating municipality or participating instrumentality to its authorized agent shall not constitute delivery to the fund. (e) All authorized agents appointed on or after the effective date of this amendatory Act of the 103rd General Assembly must complete a course of training regarding the duties and responsibilities of being an authorized agent no less than 3 months after his or her initial appointment. Such training must be provided by the Fund and made available online to all authorized agents no less than quarterly at no cost to the authorized agent or his or her employer. (Source: P.A. 103-464, eff. 1-1-24.) |
(40 ILCS 5/7-135.5) Sec. 7-135.5. Required public posting of information by the Fund. (a) The Fund shall post on its publicly available website the following information regarding municipalities that participate in the Fund that the Fund has in its possession: (1) copies of all resolutions adopted by a municipality on or after January 1, 1995 to participate in the Fund if such a resolution was required; (2) an annual report listing each municipality and the date each municipality first became a municipality that participates in the Fund; (3) all documents pertaining to each municipality's annual projected future contributions under this Article; and (4) information about the amount of each municipality's past required contributions to the Fund for each year of participation on or after January 1, 1995 and before, if available. (b) A municipality that has a website shall post to its website, no later than January 1, 2021, a link to the information provided by the Fund under this Section. A municipality that establishes a website on or after January 1, 2021 shall post to its website a link to the information provided by the Fund under this Section. (c) This Section does not require the Fund to post on its website information that is exempt from disclosure under the Freedom of Information Act. This Section does not require a municipality to establish or maintain a website.
(Source: P.A. 101-504, eff. 7-1-20.) |
(40 ILCS 5/7-136) (from Ch. 108 1/2, par. 7-136)
Sec. 7-136.
Municipalities and participating instrumentalities covered under the
Federal Social Security Act and effective dates.
Subject to the provisions of the Agreement with the State Agency as
provided in Section 7-170, the following described municipalities
(including all instrumentalities thereof), and participating
instrumentalities shall be considered covered under the Federal Social
Security Act and shall be subject to this Article pertaining to covered
municipalities and participating instrumentalities beginning upon the
effective dates hereinafter specified:
(a) All municipalities (and instrumentalities thereof) and participating
instrumentalities participating on December 31, 1957 shall be covered as of
January 1, 1956;
(b) All municipalities (and instrumentalities thereof) and participating
instrumentalities that begin participation after December 31, 1957, shall
be considered covered as of the effective date of participation.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)
Sec. 7-137. Participating and covered employees.
(a) The persons described in this paragraph (a) shall be included within
and be subject to this Article and eligible to benefits from this fund,
beginning upon the dates hereinafter specified:
1. Except as to the employees specifically excluded | ||
| ||
2. Except as to the employees specifically excluded | ||
| ||
3. All persons who file notice with the board as | ||
| ||
(b) The following described persons shall not be considered
participating employees eligible for benefits from this fund, but shall
be included within and be subject to this Article (each of the
descriptions is not exclusive but is cumulative):
1. Any person who occupies an office or is employed | ||
| ||
2. Except as provided in items 2.5, 2.6, and 2.7, any | ||
| ||
2.5. Except as provided in item 2.6, any person who | ||
| ||
(i) the person was first elected as a member of a | ||
| ||
(ii) the person has elected while in that office, | ||
| ||
(iii) the county board has filed the resolution | ||
| ||
(iv) the person has submitted the required time | ||
| ||
2.6. Any person who is an elected member of a county | ||
| ||
2.7. Any person who holds part-time office as a | ||
| ||
3. Any person working for a city hospital unless any | ||
| ||
4. Any person who becomes an employee after June 30, | ||
| ||
5. Any person who is actively employed by a | ||
| ||
(c) Any person electing to be a participating employee, pursuant to
paragraph (b) of this Section may not change such election,
except as provided in Section 7-137.1.
(d) Any employee who occupied the position of school nurse in any
participating municipality on August 8, 1961 and continuously thereafter
until the effective date of the exercise of the option authorized by
this subparagraph, who on August 7, 1961 was a member of the Teachers'
Retirement System of Illinois, by virtue of certification by the
Department of Registration and Education as a public health nurse, may
elect to terminate participation in this Fund in order to re-establish
membership in such System. The election may be exercised by filing
written notice thereof with the Board or with the Board of Trustees of
said Teachers' Retirement System, not later than September 30, 1963, and
shall be effective on the first day of the calendar month next following
the month in which the notice was filed. If the written notice is filed
with such Teachers' Retirement System, that System shall immediately
notify this Fund, but neither failure nor delay in notification shall
affect the validity of the employee's election. If the option is
exercised, the Fund shall notify such Teachers' Retirement System of
such fact and transfer to that system the amounts contributed by the
employee to this Fund, including interest at 3% per annum, but excluding
contributions applicable to social security coverage during the period
beginning August 8, 1961 to the effective date of the employee's
election. Participation in this Fund as to any credits on or after
August 8, 1961 and up to the effective date of the employee's election
shall terminate on such effective date.
(e) Any participating municipality or participating instrumentality,
other than a school district or special education joint agreement created
under Section 10-22.31 of the School Code, may, by a resolution or
ordinance duly adopted by its governing body, elect to exclude from
participation and eligibility for benefits all persons who are employed
after the effective date of such resolution or ordinance and who occupy an
office or are employed in a position normally requiring performance of duty
for less than 1000 hours per year for the participating municipality
(including all instrumentalities thereof) or participating instrumentality
except for persons employed in a position normally requiring performance of
duty for 600 hours or more per year (i) by such participating municipality
or participating instrumentality prior to the effective date of the
resolution or ordinance and (ii) by a
participating municipality or participating instrumentality, which had not
adopted such a resolution when the person was employed, and the function
served by the employee's position is assumed by another participating
municipality or participating instrumentality. Notwithstanding
the foregoing, a participating municipality or participating
instrumentality which is formed solely to succeed to the functions of a
participating municipality or participating instrumentality shall be
considered to have adopted any such resolution or ordinance which may have
been applicable to the employees performing such functions. The election
made by the resolution or ordinance shall take effect at the time specified
in the resolution or ordinance, and once effective shall be irrevocable.
(Source: P.A. 99-900, eff. 8-26-16; 100-274, eff. 1-1-18.)
|
(40 ILCS 5/7-137.1) (from Ch. 108 1/2, par. 7-137.1) Sec. 7-137.1. Elected officials. (a) A person holding an elective office who has elected to participate in the Fund while in that office may revoke that election and cease participating in the Fund by notifying the Board in writing before January 1, 1992. Upon such revocation, the person shall forfeit all creditable service earned while holding that office, and the Board shall refund to the person, without interest, all employee contributions paid for the forfeited creditable service. The Board shall also refund or credit to the employing municipality, without interest, the employer contributions relating to the forfeited service, except those for death and disability. (b) Notwithstanding the provisions of Sections 7-141 and 7-144, beginning January 1, 1992, a person who holds an elective office and has not elected to participate in the Fund with respect to that office (or has revoked his election to participate with respect to that office under subsection (a) of this Section) shall not be disqualified from receiving a retirement annuity by reason of holding such office, provided that the annuity is not based on any credits received for participating while holding that office. (c) Notwithstanding any other provision, a person who holds an elective office and has not elected to participate in the Fund with respect to that office shall not be disqualified from receiving service credit for service in that elected office as long as: (1) the member participated in a non-elected position | ||
| ||
(2) the employer has continued to make member | ||
| ||
(3) there is no gap in service credit between the 2 | ||
| ||
(Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/7-137.2) Sec. 7-137.2. Participation by elected members of county boards. (a) An elected member of a county board is not eligible to participate in the Fund with respect to that position unless the county board has adopted a resolution, after public debate and in a form acceptable to the Fund, certifying that persons in the position of elected member of the county board are expected to work at least 600 hours annually (or 1000 hours annually in a county that has adopted a resolution pursuant to subsection (e) of Section 7-137 of this Code). The resolution must be adopted and filed with the Fund no more than 90 days after each general election in which a member of the county board is elected. (b) An elected member of a county board that participates in the Fund with respect to that position shall monthly submit, to the county fiscal officer, time sheets documenting the time spent on official government business as an elected member of the county board. The time sheets shall be (1) submitted on paper or electronically, or both, and (2) maintained by the county board for 5 years. An elected member of a county board who fails to submit time sheets or fails to conduct official government business with respect to that position for either 600 hours or 1000 hours (whichever is applicable) annually shall not be permitted to continue participation in the Fund as an elected member of a county board. The Fund may request that the governing body certify that an elected member of a county board is permitted to continue participation with respect to that position.
(Source: P.A. 99-900, eff. 8-26-16.) |
(40 ILCS 5/7-138) (from Ch. 108 1/2, par. 7-138)
Sec. 7-138.
Employees covered under the Federal Social Security Act and
effective dates.
Subject to the Agreement with the State Agency as described in Section
7-170, the following described employees of covered municipalities and of
covered participating instrumentalities shall be considered covered under
the Federal Social Security Act and shall be subject to the provisions of
this Article pertaining to covered employees beginning upon the effective
dates hereinafter specified:
(a) Each person who was an employee of a municipality or participating
instrumentality covered as of January 1, 1956, and employed by such
municipality or participating instrumentality on December 31, 1957, shall
be considered a covered employee as of January 1, 1956, or the date
employment with such municipality or participating instrumentality began,
whichever is later;
(b) Each person who was an employee of a municipality or participating
instrumentality covered as of January 1, 1956, who was not employed by such
municipality or participating instrumentality on December 31, 1957, shall
be considered a covered employee as of the first date of employment after
such date;
(c) Each person who was an employee of a municipality or participating
instrumentality becoming covered after December 31, 1957, shall be
considered a covered employee on the date the municipality or participating
instrumentality becomes a covered municipality or participating
instrumentality or on the first date of employment, whichever is later;
(d) Each person who performs service for a municipality or participating
instrumentality defined as covered transportation service under Section 210
of the Federal Social Security Act if he (1) meets the requirements of
Section 7-137 of this Act, (2) is employed by a municipality or
participating instrumentality which has elected to participate and has been
accepted for participation, and (3) is subject to the Federal Insurance
Contributions Act, shall be considered a covered employee for the purpose
of computing benefits under this Article, but no contributions need be made
for Social Security purposes under this Article so long as contributions
are being made under the Federal Insurance Contributions Act in respect to
such service.
(Source: P.A. 78-811.)
|
(40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
Sec. 7-139. Credits and creditable service to employees.
(a) Each participating employee shall be granted credits and creditable
service, for purposes of determining the amount of any annuity or benefit
to which he or a beneficiary is entitled, as follows:
1. For prior service: Each participating employee who | ||
| ||
If the effective date of participation for the | ||
| ||
If the effective date of participation for the | ||
| ||
A municipality that (i) has at least 35 employees; | ||
| ||
Any person who has withdrawn from the service of a | ||
| ||
2. For current service, each participating employee | ||
| ||
a. Additional credits of amounts equal to each | ||
| ||
b. Normal credits of amounts equal to each | ||
| ||
c. Municipality credits in an amount equal to 1.4 | ||
| ||
d. Survivor credits equal to each payment of | ||
| ||
3. For periods of temporary and total and permanent | ||
| ||
4. For authorized leave of absence without pay: A | ||
| ||
a. An application for credits and creditable | ||
| ||
b. Not more than 12 complete months of creditable | ||
| ||
c. Credits and creditable service shall be | ||
| ||
d. Benefits under the provisions of Sections | ||
| ||
e. No credits or creditable service shall be | ||
| ||
5. For military service: The governing body of a | ||
| ||
Any participating employee who left his employment | ||
| ||
Notwithstanding the foregoing, any participating | ||
| ||
5.1. In addition to any creditable service | ||
| ||
In order to receive creditable service for military | ||
| ||
The changes made to this paragraph 5.1 by Public Acts | ||
| ||
6. For out-of-state service: Creditable service shall | ||
| ||
7. For retroactive service: Any employee who could | ||
| ||
Any employee who is a participating employee on or | ||
| ||
8. For accumulated unused sick leave: A | ||
| ||
a. Sick leave days shall be limited to those | ||
| ||
b. Except as provided in item b-1, only sick | ||
| ||
b-1. If the employee was in the service of more | ||
| ||
c. The creditable service granted shall be | ||
| ||
d. The creditable service shall be at the rate of | ||
| ||
e. Employee contributions shall not be required | ||
| ||
f. Each participating municipality and | ||
| ||
9. For service transferred from another system: | ||
| ||
10. (Blank).
11. For service transferred from an Article 3 system | ||
| ||
The board shall establish by rule the manner of | ||
| ||
12. For omitted service: Any employee who was | ||
| ||
a. Application for such credits is received by | ||
| ||
b. Eligibility for participation and earnings are | ||
| ||
Creditable service under this paragraph shall be | ||
| ||
(b) Creditable service - amount:
1. One month of creditable service shall be allowed | ||
| ||
2. A seasonal employee shall be given 12 months of | ||
| ||
3. An intermittent employee shall be given creditable | ||
| ||
(c) No application for correction of credits or creditable service shall
be considered unless the board receives an application for correction while
(1) the applicant is a participating employee and in active employment
with a participating municipality or instrumentality, or (2) while the
applicant is actively participating in a pension fund or retirement
system which is a participating system under the Retirement Systems
Reciprocal Act. A participating employee or other applicant shall not be
entitled to credits or creditable service unless the required employee
contributions are made in a lump sum or in installments made in accordance
with board rule. Payments made to establish service credit under paragraph 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this Section must be received by the Board while the applicant is an active participant in the Fund or a reciprocal retirement system, except that an applicant may make one payment after termination of active participation in the Fund or a reciprocal retirement system. (d) Upon the granting of a retirement, surviving spouse or child
annuity, a death benefit or a separation benefit, on account of any
employee, all individual accumulated credits shall thereupon terminate.
Upon the withdrawal of additional contributions, the credits applicable
thereto shall thereupon terminate. Terminated credits shall not be applied
to increase the benefits any remaining employee would otherwise receive under
this Article.
(Source: P.A. 103-110, eff. 6-29-23.)
|
(40 ILCS 5/7-139.1) (from Ch. 108 1/2, par. 7-139.1)
Sec. 7-139.1.
General Assembly transfers and credits.
(a) Any active member of the General Assembly Retirement System (and
until February 1, 1993, any former member of that System who has not yet
retired) may apply for transfer of his credits and creditable service
accumulated under this Fund to the General Assembly System. Also, any
active member of the State Employees' Retirement System of Illinois who is
an officer of the General Assembly may apply for a similar transfer from
this Fund, provided that such member received credit under this Fund as an
elected county officer. Such credits and creditable service shall be
transferred forthwith. Payment by this Fund to the General Assembly System
or the State Employees' Retirement System shall be made at the same time
and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) An active member of the General Assembly Retirement System (and
until February 1, 1993, any former member of that System who has not yet
retired) who has service credits and creditable service under the Fund may
establish additional service credits and creditable service for periods
during which he was an elected official and could have elected to
participate but did not so elect. Service credits and creditable service
may be established by payment to the fund of an amount equal to the
contributions he would have made if he had elected to participate, plus
interest to the date of payment. The limitations in subparagraph (c) of
Section 7-139 of this Article shall not apply to payments made under this
Section.
(c) An active member of the General Assembly Retirement System (and
until February 1, 1993, any former member of that System who has not yet
retired) may reinstate service and service credits terminated upon receipt
of a separation benefit, by payment to the Fund of the amount of the
separation benefit plus interest thereon to the date of payment.
(Source: P.A. 87-794.)
|
(40 ILCS 5/7-139.1a) Sec. 7-139.1a. Transfer from Article 3. (a) On and after July 1, 2022 but no later than January 1, 2023, a participating sheriff's law enforcement employee may elect to transfer up to 10 years of service credit to the Fund as set forth in Section 3-110.14. To establish creditable service under this Section, the sheriff's law enforcement employee may elect to do either of the following: (1) pay to the Fund an amount to be determined by the | ||
| ||
(2) have the amount of his or her creditable service | ||
| ||
Notwithstanding the amount transferred by the Article 3 fund pursuant to Section 3-110.14, in no event shall the service credit established under this Section exceed the lesser of 10 years or the actual amount of service credit that had been earned in the Article 3 fund. If an amount greater than the amount described under paragraph (1) is transferred to the Fund, the additional amount shall be credited to the account of the sheriff's law enforcement employee's employer. (b) On and after the effective date of this amendatory Act of the 104th General Assembly but no later than 6 months after the effective date of this amendatory Act of the 104th General Assembly, a participating sheriff's law enforcement employee may elect to transfer service credit to the Fund as set forth in Section 3-110.14. To establish creditable service under this Section, the sheriff's law enforcement employee may elect to do either of the following: (1) pay to the Fund an amount to be determined by the | ||
| ||
(2) have the amount of his or her creditable service | ||
| ||
Notwithstanding the amount transferred by the Article 3 fund pursuant to Section 3-110.14, in no event shall the service credit established under this Section exceed the actual amount of service credit that had been earned in the Article 3 fund. If an amount greater than the amount described under paragraph (1) is transferred to the Fund, the additional amount shall be credited to the account of the sheriff's law enforcement employee's employer. (Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/7-139.2) (from Ch. 108 1/2, par. 7-139.2)
Sec. 7-139.2. Validation of service credits. An active member of the General Assembly having no service credits or
creditable service in the Fund, may establish service credit and
creditable service for periods during which he was an employee of a
municipality in an elective office and could have elected to participate
in the Fund but did not so elect. Service credits and creditable service
may be established by payment to the Fund of an amount equal to the
contributions he would have made
if he had elected to participate plus
interest to the date of payment, together with the applicable
municipality credits including interest, but the total period of such
creditable service that may be validated shall not exceed 8 years. Payments made to establish such service credit must be received by the Board while the member is an active participant in the General Assembly Retirement System, except that one payment will be permitted after the member terminates such service.
(Source: P.A. 100-148, eff. 8-18-17.)
|
(40 ILCS 5/7-139.3) (from Ch. 108 1/2, par. 7-139.3)
Sec. 7-139.3.
Validation of service credits.
An active member of the General Assembly having no service credits or
creditable service in the Fund may establish service credit and
creditable service for periods during which he held an elective office
in a municipality but could not participate in the Fund because the
municipality was not a participant in the Fund. Service credits and
creditable service may be established by payment to the Fund of an
amount equal to the contributions he would have made if he had
participated, with interest to the date of payment, together with the
applicable municipality credits with interest.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/7-139.4) (from Ch. 108 1/2, par. 7-139.4)
Sec. 7-139.4.
Termination of participation as an employee.
Any
participating employee who is an active member of the General Assembly
on or after November 20, 1979 may, upon written application to the
Board within 90 days of that date or of becoming an active member of
the General Assembly, whichever is later, terminate his participation as
an employee in this fund. Any person who has terminated his
participation as an employee under this Section and has continued the
employment upon which such employee status has been based may revoke
that termination after it has been in effect at least one year by filing
a notice of the revocation with the Board. Any such person may then
establish service credit and creditable service for any period of
service during which the termination of participation was in effect by
paying into the fund, within 6 months after revoking the termination of
participation, an amount equal to the employee contributions which would have
been required during the period for which the termination was
in effect together with interest thereon at 6% per annum compounded
annually.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/7-139.5) (from Ch. 108 1/2, par. 7-139.5)
Sec. 7-139.5.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer
and employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/7-139.6) (from Ch. 108 1/2, par. 7-139.6)
Sec. 7-139.6.
Transfer of creditable service to Article 8, 9 or 13 fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the people who is
a participant in a pension fund established under Article 9 of this Code,
any chief of the County Police Department or undersheriff of the County
Sheriff's Department who has elected under subparagraph (j) of Section 9-128.1
to be included within the provisions of Section 9-128.1 of Article 9 of this
Code, and any elected sanitary district commissioner who is a participant in
a pension fund established under Article 13 of this Code, may apply for
transfer of his credits and creditable service accumulated in this Fund to
such Article 8, 9 or 13 fund. Such creditable service shall be
transferred forthwith. Payment by this Fund to the Article 8, 9 or 13
fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
Participation in this Fund as to any
credits transferred under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer, chief of the County
Police Department, undersheriff of the County Sheriff's Department, or
sanitary
district commissioner who has credits and creditable service under the Fund
may establish additional credits and creditable service for periods during
which he could have elected to participate but did not so elect. Credits
and creditable service may be established by payment to the Fund of an
amount equal to the contributions he would have made if he had elected to
participate, plus interest thereon to the date of payment. The limitations
in subparagraph (c) of Section 7-139 of this Article shall not
apply to payments made under this Section.
(c) Any such elected city officer, county officer, chief of the County
Police Department, undersheriff of the County Sheriff's Department, or
sanitary district commissioner may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by payment to
the Fund of the amount of the separation benefit plus interest thereon at
the rate of 6% per year to the date of payment.
(Source: P.A. 89-643, eff. 8-9-96.)
|
(40 ILCS 5/7-139.7)
Sec. 7-139.7. (Repealed).
(Source: P.A. 87-1265. Repealed by P.A. 98-932, eff. 8-15-14.)
|
(40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
Sec. 7-139.8. Transfer to Article 14 System.
(a) Any active member of the State Employees' Retirement System who is a State policeman, an investigator for the Secretary of State, a conservation police officer, an investigator for the Office of the Attorney General, an investigator for the Department of Revenue, an investigator for the Illinois Gaming Board, an arson investigator, a Commerce Commission police officer, an
investigator for the Office of the State's Attorneys Appellate Prosecutor,
or a controlled substance inspector
may apply for transfer of some or all of his or her credits and creditable service
accumulated in this Fund for service as a sheriff's law enforcement
employee, person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district to the State Employees' Retirement System in accordance with
Section 14-110. The creditable service shall be transferred only upon payment
by this Fund to the State Employees' Retirement System of an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits based on such service, | ||
| ||
(3) any interest paid by the applicant to reinstate | ||
| ||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any person applying to transfer service under this Section may reinstate credits and
creditable service terminated upon receipt of a separation benefit, by paying
to the Fund the amount of the separation benefit plus interest thereon at the actuarially assumed rate of interest
to the date of payment.
(Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.)
|
(40 ILCS 5/7-139.9)
Sec. 7-139.9. (Repealed).
(Source: P.A. 90-460, eff. 8-17-97. Repealed by P.A. 98-932, eff. 8-15-14.)
|
(40 ILCS 5/7-139.10)
Sec. 7-139.10. Transfer to Article 4 pension fund. A person who has elected under Section 4-108.4 to become an
active participant in a firefighter pension fund established under Article 4 of
this Code may apply for transfer to that Article 4 fund of his or her
creditable service accumulated under this Article for municipal firefighter
service. At the time of the transfer, the Fund
shall pay to the firefighter pension fund an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) any interest paid by the applicant in order to | ||
| ||
(3) the municipality credits based on that service, | ||
| ||
Participation in this fund with respect to the transferred credits shall
terminate on the date of transfer.
For the purpose of this Section, "municipal firefighter service" means
service with the fire department of a participating municipality for which the
applicant
established
creditable service under this Article.
(Source: P.A. 93-689, eff. 7-1-04.) |
(40 ILCS 5/7-139.11)
Sec. 7-139.11. (Repealed).
(Source: P.A. 95-1036, eff. 2-17-09. Repealed by P.A. 98-932, eff. 8-15-14.)
|
(40 ILCS 5/7-139.12)
Sec. 7-139.12. Transfer of creditable service to Article 14. A person employed by the Chicago Metropolitan Agency for Planning (formerly the Regional Planning Board) on the effective date of this Section who was a member of the State Employees' Retirement System of Illinois as an employee of the Chicago Area Transportation Study may apply for transfer of his or her creditable service as an employee of the Chicago Metropolitan Agency for Planning upon payment of (1) the amounts accumulated to the credit of the applicant for such service on the books of the Fund on the date of transfer and (2) the corresponding municipality credits, including interest, on the books of the Fund on the date of transfer. Participation in this Fund with respect to the transferred credits shall terminate on the date of transfer.
(Source: P.A. 95-677, eff. 10-11-07; 95-876, eff. 8-21-08.) |
(40 ILCS 5/7-139.13)
Sec. 7-139.13. (Repealed).
(Source: P.A. 97-273, eff. 8-8-11. Repealed by P.A. 98-932, eff. 8-15-14.)
|
(40 ILCS 5/7-139.14) (Text of Section from P.A. 102-857) Sec. 7-139.14. Transfer to Article 3 pension fund. (a) Within 6 months after July 23, 2021 (the effective date of Public Act 102-113), an active member of a pension fund established under Article 3 of this Code may apply for transfer to that Article 3 pension fund of his or her credits and creditable service accumulated in this Fund for service as a sheriff's law enforcement employee, person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district. The creditable service shall be transferred only upon payment by this Fund to such Article 3 pension fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) an amount representing employer contributions, | ||
| ||
(3) any interest paid by the applicant to reinstate | ||
| ||
Within 6 months after the effective date of this amendatory Act of the 102nd General Assembly, an active member of a pension fund established under Article 3 of this Code may apply for transfer to that Article 3 pension fund of his or her credits and creditable service accumulated in this Fund for service as a county correctional officer or as a person employed by a participating municipality to perform administrative duties related to law enforcement. The creditable service shall be transferred only upon payment by this Fund to such Article 3 pension fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) an amount representing employer contributions, | ||
| ||
(3) any interest paid by the applicant to reinstate | ||
| ||
Participation in this Fund as to any credits transferred under this Section shall terminate on the date of transfer. (b) Notwithstanding any other provision of this Code, any person applying to transfer service under this Section may reinstate credits and creditable service terminated upon receipt of a separation benefit by paying to the Fund the amount of the separation benefit plus interest thereon at the actuarially assumed rate of interest to the date of payment. Such payment must be made within 90 days after notification by the Fund of the cost of such reinstatement.
(Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.) (Text of Section from P.A. 102-1061) Sec. 7-139.14. Transfer to Article 3 pension fund. (a) No later than June 30, 2023, an active member of a pension fund established under Article 3 of this Code may apply for transfer to that Article 3 pension fund of his or her credits and creditable service accumulated in this Fund for service as a sheriff's law enforcement employee, person employed by a participating municipality to perform police duties, law enforcement officer employed on a full-time basis by a forest preserve district, or person employed by a participating municipality or instrumentality to perform administrative duties related to law enforcement. The creditable service shall be transferred only upon payment by this Fund to such Article 3 pension fund of an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) an amount representing employer contributions, | ||
| ||
(3) any interest paid by the applicant to reinstate | ||
| ||
Participation in this Fund as to any credits transferred under this Section shall terminate on the date of transfer. (b) Notwithstanding any other provision of this Code, any person applying to transfer service under this Section may reinstate credits and creditable service terminated upon receipt of a separation benefit by paying to the Fund the amount of the separation benefit plus interest thereon at the actuarially assumed rate of interest to the date of payment. Such payment must be made within 60 days after notification by the Fund of the cost of such reinstatement.
(Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.) |
(40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
Sec. 7-141. Retirement annuities; conditions. Retirement annuities shall be payable as hereinafter set forth:
(a) A participating employee who, regardless of cause, is separated
from the service of all participating municipalities and
instrumentalities thereof and participating instrumentalities shall be
entitled to a retirement annuity provided:
1. He is at least age 55 if he is a Tier 1 regular | ||
| ||
2. He is not entitled to receive earnings for | ||
| ||
3. The amount of his annuity, before the application | ||
| ||
4. If he first became a participating employee after | ||
| ||
(b) Retirement annuities shall be payable:
1. As provided in Section 7-119;
2. Except as provided in item 3, upon receipt by the | ||
| ||
3. Upon attainment of the required age of | ||
| ||
4. To the beneficiary of the deceased annuitant for | ||
| ||
(Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21; 102-210, Article 10, Section 10-5, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
(40 ILCS 5/7-141.1)
Sec. 7-141.1. Early retirement incentive.
(a) The General Assembly finds and declares that:
(1) Units of local government across the State have | ||
| ||
(2) This financial crisis is expected to continue.
(3) Units of local government must depend on | ||
| ||
(4) An early retirement incentive designed | ||
| ||
(5) The early retirement incentive should be made | ||
| ||
(6) A unit of local government adopting a program of | ||
| ||
(7) A unit of local government adopting a program of | ||
| ||
It is the primary purpose of this Section to encourage units of local
government that can realize true cost savings, or have determined that an early
retirement program is in their best interest, to implement an early retirement
program.
(b) Until June 27, 1997 (the effective date of Public Act 90-32), this
Section does not apply to any employer that is a city, village, or incorporated
town, nor to the employees of any such employer. Beginning on June 27, 1997 (the effective
date of Public Act 90-32), any employer under this Article, including
an employer that is a city, village, or incorporated town, may establish an
early retirement incentive program for its employees under this Section. The
decision of a city, village, or incorporated town to consider or establish an
early retirement program is at the sole discretion of that city, village, or
incorporated town, and nothing in Public Act 90-32 limits or
otherwise diminishes this discretion. Nothing contained in this Section shall
be construed to require a city, village, or incorporated town to establish an
early retirement program and no city, village, or incorporated town may be
compelled to implement such a program.
The benefits provided in this Section are available only to members
employed by a participating employer that has filed with the Board of the
Fund a resolution or ordinance expressly providing for the creation of an
early retirement incentive program under this Section for its employees and
specifying the effective date of the early retirement incentive program.
Subject to the limitation in subsection (h), an employer may adopt a resolution
or ordinance providing a program of early retirement incentives under this
Section at any time.
The resolution or ordinance shall be in substantially the following form:
RESOLUTION (ORDINANCE) NO. ....
A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
WHEREAS, Section 7-141.1 of the Illinois Pension Code provides that a
participating employer may elect to adopt an early retirement
incentive program offered by the Illinois Municipal Retirement Fund by
adopting a resolution or ordinance; and
WHEREAS, The goal of adopting an early retirement program is
to realize a substantial savings in personnel costs by offering early
retirement incentives to employees who have accumulated many years of
service credit; and
WHEREAS, Implementation of the early retirement program will provide a
budgeting tool to aid in controlling payroll costs; and
WHEREAS, The (name of governing body) has determined that the adoption of an
early retirement incentive program is in the best interests of the (name of
participating employer); therefore be it
RESOLVED (ORDAINED) by the (name of governing body) of (name of
participating employer) that:
(1) The (name of participating employer) does hereby adopt the Illinois
Municipal Retirement Fund early retirement incentive program as provided in
Section 7-141.1 of the Illinois Pension Code. The early retirement incentive
program shall take effect on (date).
(2) In order to help achieve a true cost savings, a person who retires under
the early retirement incentive program shall lose those incentives if he or she
later accepts employment with or enters into a personal services contract with any IMRF employer.
(3) In order to utilize an early retirement incentive as a budgeting
tool, the (name of participating employer) will use its best efforts either
to limit the number of employees who replace the employees who retire under
the early retirement program or to limit the salaries paid to the employees who
replace the employees who retire under the early retirement program.
(4) The effective date of each employee's retirement under this early
retirement program shall be set by (name of employer) and shall be no
earlier than the effective date of the program and no later than one year after
that effective date; except that the employee may require that the retirement
date set by the employer be no later than the June 30 next occurring after the
effective date of the program and no earlier than the date upon which the
employee qualifies for retirement.
(5) To be eligible for the early retirement incentive under this Section,
the employee must have attained age 50 and have at least 20 years of creditable
service by his or her retirement date.
(6) The (clerk or secretary) shall promptly file a certified copy of
this resolution (ordinance) with the Board of Trustees of the Illinois
Municipal Retirement Fund.
CERTIFICATION
I, (name), the (clerk or secretary) of the (name of participating
employer) of the County of (name), State of Illinois, do hereby certify
that I am the keeper of the books and records of the (name of employer)
and that the foregoing is a true and correct copy of a resolution
(ordinance) duly adopted by the (governing body) at a meeting duly convened
and held on (date).
SEAL
(Signature of clerk or secretary)
(c) To be eligible for the benefits provided under an early retirement
incentive program adopted under this Section, a member must:
(1) be a participating employee of this Fund who, on | ||
| ||
(2) have never previously received a retirement | ||
| ||
(3) (blank);
(4) have at least 20 years of creditable service in | ||
| ||
(5) have attained age 50 by the date of retirement if | ||
| ||
(6) be eligible to receive a retirement annuity under | ||
| ||
(d) The employer shall determine the retirement date for each employee
participating in the early retirement program adopted under this Section. The
retirement date shall be no earlier than the effective date of the program and
no later than one year after that effective date, except that the employee may
require that the retirement date set by the employer be no later than the June
30 next occurring after the effective date of the program and no earlier than
the date upon which the employee qualifies for retirement. The employer shall
give each employee participating in the early retirement program at least 30
days written notice of the employee's designated retirement date, unless the
employee waives this notice requirement.
(e) An eligible person may establish up to 5 years of creditable service
under this Section. In addition, for each period of creditable service
established under this Section, a person shall have his or her age at
retirement deemed enhanced by an equivalent period.
The creditable service established under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of final rate of earnings and the determination
of earnings, salary, or compensation under this or any other Article of the
Code.
The age enhancement established under this Section may be used for all
purposes under this Article (including calculation of the reduction imposed
under subdivision (a)1b(iv) of Section 7-142), except for purposes of a
reversionary annuity under Section 7-145 and any distributions required because
of age. The age enhancement established under this Section may be used in
calculating a proportionate annuity payable by this Fund under the Retirement
Systems Reciprocal Act, but shall not be used in determining benefits payable
under other Articles of this Code under the Retirement Systems Reciprocal Act.
(f) For all creditable service established under this Section, the
member must pay to the Fund an employee contribution consisting of the total employee contribution rate in effect at the time the member purchases the service for the plan in which the member was participating with the employer at that time multiplied by the member's highest annual salary rate used in the determination of the
final rate of earnings for retirement annuity purposes for each year of
creditable service granted under this Section.
Contributions for fractions of a year of service shall be prorated.
Any amounts that are disregarded in determining the final rate of earnings
under subdivision (d)(5) of Section 7-116 (the 125% rule) shall also be
disregarded in determining the required contribution under this subsection (f).
The employee contribution shall be paid to the Fund as follows: If the
member is entitled to a lump sum payment for accumulated vacation, sick leave,
or personal leave upon withdrawal from service, the employer shall deduct the
employee contribution from that lump sum and pay the deducted amount directly
to the Fund. If there is no such lump sum payment or the required employee
contribution exceeds the net amount of the lump sum payment, then the remaining
amount due, at the option of the employee, may either be paid to the Fund
before the annuity commences or deducted from the retirement annuity in 24
equal monthly installments.
(g) An annuitant who has received any age enhancement or creditable service
under this Section and thereafter accepts employment with or enters into a
personal services contract with an employer under this Article thereby forfeits
that age enhancement and creditable service; except that this restriction
does not apply to (1) service in an elective office, so long as the annuitant
does not participate in this Fund with respect to that office, (2) a person appointed as an officer under subsection (f) of Section 3-109 of this Code, and (3) a person appointed as an auxiliary police officer pursuant to Section 3.1-30-5 of the Illinois Municipal Code. A person
forfeiting early retirement incentives under this subsection (i) must repay to
the Fund that portion of the retirement annuity already received which is
attributable to the early retirement incentives that are being forfeited, (ii)
shall not be eligible to participate in any future early retirement program
adopted under this Section, and (iii) is entitled to a refund of the employee
contribution paid under subsection (f). The Board shall deduct the required
repayment from the refund and may impose a reasonable payment schedule for
repaying the amount, if any, by which the required repayment exceeds the refund
amount.
(h) The additional unfunded liability accruing as a result of the adoption
of a program of early retirement incentives under this Section by an employer
shall be amortized over a period of 10 years beginning on January 1 of the
second calendar year following the calendar year in which the latest date for
beginning to receive a retirement annuity under the program (as determined by
the employer under subsection (d) of this Section) occurs; except that the
employer may provide for a shorter amortization period (of no less than 5
years) by adopting an ordinance or resolution specifying the length of the
amortization period and submitting a certified copy of the ordinance or
resolution to the Fund no later than 6 months after the effective date of the
program. An employer, at its discretion, may accelerate payments to the Fund.
An employer may provide more than one early retirement incentive program
for its employees under this Section. However, an employer that has provided
an early retirement incentive program for its employees under this Section may
not provide another early retirement incentive program under this Section until the liability arising from the earlier program has been fully paid to
the Fund.
(Source: P.A. 102-210, eff. 1-1-22; 102-850, eff. 5-13-22.)
|
(40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142) Sec. 7-142. Retirement annuities - Amount. (a) The amount of a retirement annuity shall be the sum of the
following, determined in accordance with the actuarial tables in effect at
the time of the grant of the annuity: 1. For Tier 1 regular employees with 8 or more years | ||
| ||
a. The monthly annuity which can be provided | ||
| ||
b. (i) The monthly annuity amount determined as | ||
| ||
(ii) For the sole purpose of computing the | ||
| ||
(iii) The monthly annuity computed in accordance | ||
| ||
(iv) For employees who have less than 35 years of | ||
| ||
2. The annuity which can be provided from the total | ||
| ||
(b) If payment of an annuity begins prior to the earliest age at
which the employee will become eligible for an old age insurance benefit
under the Federal Social Security Act, he may elect that the annuity
payments from this fund shall exceed those payable after his attaining
such age by an amount, computed as determined by rules of the Board, but
not in excess of his estimated Social Security Benefit, determined as
of the effective date of the annuity, provided that in no case shall the
total annuity payments made by this fund exceed in actuarial value the
annuity which would have been payable had no such election been made. (c) Beginning
January 1, 1984 and each January 1 thereafter, the retirement annuity of a Tier 1 regular employee shall be increased
by 3% each year, not compounded. This increase shall be computed from the effective date of the retirement annuity, the first increase being 0.25% of the monthly amount times the number of months from the effective date to January 1. This increase shall not be applicable to
annuitants who are not in service on or after September 8, 1971. A retirement annuity of a Tier 2 regular employee shall receive annual increases on the January 1 occurring either on or after the attainment of age 67 or the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at the lesser of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1 of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. (d) Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official applies in writing to the fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the actuarially assumed rate. (Source: P.A. 102-210, eff. 1-1-22.) |
(40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) Sec. 7-142.1. Sheriff's law enforcement employees.
(a) In lieu of the retirement annuity provided by subparagraph 1 of
paragraph (a) of Section 7-142:
Any sheriff's law enforcement employee who
has 20 or more years of service in that capacity and who terminates
service prior to January 1, 1988 shall be entitled at his
option to receive a monthly retirement annuity for his service as a
sheriff's law enforcement employee computed by multiplying 2% for each year
of such service up to 10 years, 2 1/4% for each year
of such service above 10 years and up to 20 years, and
2 1/2% for each year of such service above
20 years, by his annual final rate of earnings and dividing by 12.
Any sheriff's law enforcement employee who has 20 or more years of
service in that capacity and who terminates service on or after January 1,
1988 and before July 1, 2004 shall be entitled at his option to receive
a monthly retirement
annuity for his service as a sheriff's law enforcement employee computed by
multiplying 2.5% for each year of such service up to 20 years, 2% for each
year of such service above 20 years and up to 30 years, and 1% for each
year of such service above 30 years, by his annual final rate of earnings
and dividing by 12.
Any sheriff's law enforcement employee who has 20 or more years of
service in that capacity and who terminates service on or after July 1,
2004 shall be entitled at his or her option to receive a monthly retirement
annuity for service as a sheriff's law enforcement employee computed by
multiplying 2.5% for each year of such service by his annual final rate of
earnings and dividing by 12.
If a sheriff's law enforcement employee has service in any other
capacity, his retirement annuity for service as a sheriff's law enforcement
employee may be computed under this Section and the retirement annuity for
his other service under Section 7-142.
In no case shall the total monthly retirement annuity for persons who retire before July 1, 2004 exceed 75% of the
monthly final rate of earnings. In no case shall the total monthly retirement annuity for persons who retire on or after July 1, 2004 exceed 80% of the
monthly final rate of earnings.
(b) Whenever continued group insurance coverage is elected in accordance
with the provisions of Section 367h of the Illinois Insurance Code, as now
or hereafter amended, the total monthly premium for such continued group
insurance coverage or such portion thereof as is not paid
by the municipality shall, upon request of the person electing such
continued group insurance coverage, be deducted from any monthly pension
benefit otherwise payable to such person pursuant to this Section, to be
remitted by the Fund to the insurance company
or other entity providing the group insurance coverage.
(c) A sheriff's law enforcement employee who began service in that capacity prior to the effective date of this amendatory Act of the 97th General Assembly and who has service in any other
capacity may convert up to 10 years of that service into service as a sheriff's
law enforcement employee by paying to the Fund an amount equal to (1) the
additional employee contribution required under Section 7-173.1, plus (2) the additional employer contribution required under Section 7-172, plus (3) interest on items (1) and (2) at the
prescribed rate from the date of the service to the date of payment.
Application must be received by the Board while the employee is an active participant in the Fund. Payment must be received while the member is an active participant, except that one payment will be permitted after termination of participation. (d) The changes to subsections (a) and (b) of this Section made by this amendatory Act of the 94th General Assembly apply only to persons in service on or after July 1, 2004. In the case of such a person who begins to receive a retirement annuity before the effective date of this amendatory Act of the 94th General Assembly, the annuity shall be recalculated prospectively to reflect those changes, with the resulting increase beginning to accrue on the first annuity payment date following the effective date of this amendatory Act.
(e) Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official applies in writing to the fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the actuarially assumed rate. (f) Notwithstanding any other provision of this Article,
the provisions of this subsection (f) apply to a person who first
becomes a sheriff's law enforcement employee under this Article on or after January 1, 2011. A sheriff's law enforcement employee age 55 or more who has 10 or more years of service in that capacity shall be entitled at his option to receive a monthly retirement annuity for his or her service as a sheriff's law enforcement employee computed by multiplying 2.5% for each year of such service by his or her final rate of earnings. The retirement annuity of a sheriff's law enforcement employee who is retiring after attaining age 50 with 10 or more years of creditable service shall be reduced by one-half of 1% for each month that the sheriff's law enforcement employee's age is under age 55. The maximum retirement annuity under this subsection (f) shall be 75%
of final rate of earnings. For the purposes of this subsection (f), "final rate of earnings" means the average monthly earnings obtained by dividing the total salary of the sheriff's law enforcement employee during the 96 consecutive months of service within the last 120 months of service in which the total earnings was the highest by the number of months of service in that period. Notwithstanding any other provision of this Article, beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual earnings of a sheriff's law enforcement employee to whom this Section applies shall not include overtime and shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments. (g) Notwithstanding any other provision of this Article, the monthly annuity
of a person who first becomes a sheriff's law enforcement employee under this Article on or after January 1, 2011 shall be increased on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the annuity shall not be increased. (h) Notwithstanding any other provision of this Article, for a person who first becomes a sheriff's law enforcement employee under this Article on or after January 1, 2011, the annuity to which the surviving spouse, children, or parents are entitled under this subsection (h) shall be in the amount of 66 2/3% of the sheriff's law enforcement employee's earned annuity at the date of death. (i) Notwithstanding any other provision of this Article, the monthly annuity
of a survivor of a person who first becomes a sheriff's law enforcement employee under this Article on or after January 1, 2011 shall be increased on the January 1 after attainment of age 60 by the recipient of the survivor's annuity and
each January 1 thereafter by 3% or one-half the annual unadjusted percentage increase in the consumer price index-u for the
12 months ending with the September preceding each November 1, whichever is less, of the originally granted pension. If the annual unadjusted percentage change in
the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the annuity shall not
be increased. (j) For the purposes of this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the boards of the pension funds. (Source: P.A. 100-148, eff. 8-18-17.) |
(40 ILCS 5/7-143) (from Ch. 108 1/2, par. 7-143)
Sec. 7-143.
Retirement annuities-Reduction.
If the participating employee elects a reversionary annuity in
accordance with Section 7-145, his retirement annuity shall be reduced by
an amount equal to the annuity which could be provided for him at the time
the annuity begins from the accumulated additional credits required to
provide the reversionary annuity.
(Source: P.A. 77-2121.)
|
(40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144) Sec. 7-144. Retirement annuities; suspended during employment. (a) If any person receiving any annuity again becomes an employee and receives earnings from employment in a position requiring him, or entitling him to elect, to become a participating employee, then the annuity payable to such employee shall be suspended as of the first day of the month coincidental with or next following the date upon which such person becomes such an employee, unless the person is authorized under subsection (b) of Section 7-137.1 of this Code to continue receiving a retirement annuity during that period. Upon proper qualification of the participating employee payment of such annuity may be resumed on the first day of the month following such qualification and upon proper application therefor. The participating employee in such case shall be entitled to a supplemental annuity arising from service and credits earned subsequent to such re-entry as a participating employee. Notwithstanding any other provision of this Article, an annuitant shall be considered a participating employee if he or she returns to work as an employee with a participating employer and works more than 599 hours annually (or 999 hours annually with a participating employer that has adopted a resolution pursuant to subsection (e) of Section 7-137 of this Code). Each of these annual periods shall commence on the month and day upon which the annuitant is first employed with the participating employer following the effective date of the annuity. Notwithstanding any other provision of this Article, an annuitant receiving an annuity under Section 7-142.1 shall be considered a participating employee if the annuitant returns to work as a school security guard employed by a participating employer and works more than 999 hours annually. (a-5) If any annuitant under this Article must be considered a participating employee per the provisions of subsection (a) of this Section, and the participating municipality or participating instrumentality that employs or re-employs that annuitant knowingly fails to notify the Board to suspend the annuity, the participating municipality or participating instrumentality may be required to reimburse the Fund for an amount up to one-half of the total of any annuity payments made to the annuitant after the date the annuity should have been suspended, as determined by the Board. In no case shall the total amount repaid by the annuitant plus any amount reimbursed by the employer to the Fund be more than the total of all annuity payments made to the annuitant after the date the annuity should have been suspended. This subsection shall not apply if the annuitant returned to work for the employer for less than 12 months. The Fund shall notify all annuitants that they must notify the Fund immediately if they return to work for any participating employer. The notification by the Fund shall occur upon retirement and no less than annually thereafter in a format determined by the Fund. The Fund shall also develop and maintain a system to track annuitants who have returned to work and notify the participating employer and annuitant at least annually of the limitations on returning to work under this Section. (b) Supplemental annuities to persons who return to service for less than 48 months shall be computed under the provisions of Sections 7-141, 7-142, and 7-143. In determining whether an employee is eligible for an annuity which requires a minimum period of service, his entire period of service shall be taken into consideration but the supplemental annuity shall be based on earnings and service in the supplemental period only. The effective date of the suspended and supplemental annuity for the purpose of increases after retirement shall be considered to be the effective date of the suspended annuity. (c) Supplemental annuities to persons who return to service for 48 months or more shall be a monthly amount determined as follows: (1) An amount shall be computed under subparagraph b | ||
| ||
(2) The actuarial value in monthly payments for life | ||
| ||
(3) The monthly amount of the suspended annuity, with | ||
| ||
(4) The suspended annuity shall be reinstated at an | ||
| ||
(5) The effective date of the combined suspended and | ||
| ||
(d) If a Tier 2 regular employee becomes a member or participant under any other system or fund created by this Code and is employed on a full-time basis, except for those members or participants exempted from the provisions of subsection (a) of Section 1-160 of this Code (other than a participating employee under this Article), then the person's retirement annuity shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and be recalculated as required by this Section. (e) If a Tier 2 regular employee first began participation on or after January 1, 2012 and is receiving a retirement annuity and accepts on a contractual basis a position to provide services to a governmental entity from which he or she has retired, then that person's annuity or retirement pension shall be suspended during that contractual service, notwithstanding the provisions of any other Section in this Article. Such annuitant shall notify the Fund, as well as his or her contractual employer, of his or her retirement status before accepting contractual employment. A person who fails to submit such notification shall be guilty of a Class A misdemeanor and required to pay a fine of $1,000. Upon termination of that contractual employment, the person's retirement annuity shall resume and be recalculated as required by this Section. (Source: P.A. 103-154, eff. 6-30-23; 104-163, eff. 8-15-25.) |
(40 ILCS 5/7-144.2) (from Ch. 108 1/2, par. 7-144.2)
Sec. 7-144.2.
Incremental retirement annuity.
Each employee annuitant who terminated service prior to the effective
date of this amendatory Act of 1971 is entitled to receive a monthly
incremental retirement annuity, effective January 1, 1972, of .167% of his
monthly retirement annuity amount, multiplied by the number of months from
the effective date of his annuity to January 1, 1972. This monthly
incremental annuity shall be increased on each January 1 thereafter during
the lifetime of the annuitant by 2% of the monthly retirement annuity
amount. Beginning January 1, 1984 and each January 1 thereafter, the monthly
incremental annuity shall be increased by 3% of the monthly retirement annuity
amount. The incremental annuity is payable only if the annuitant agrees to
pay the fund an amount equal to 1% of 1/12 of his annual final rate of
earnings, determined as of the date of his retirement, multiplied by the
number of full years of service. The annuitant, prior to December 1, 1971,
may authorize the fund to deduct the payment from his annuity if the total
payment can be deducted in one month. If the agreement or payment is
received by the fund prior to December 1, 1971, the incremental annuity
shall be effective January 1, 1972. If the agreement or payment is not
received before December 1, 1971, the incremental annuity shall be
effective the first day of the next month after receipt of payment by the
fund, but if received after the 15th day, the first day of the month
following the next month, and shall not be paid retroactively.
The monthly retirement annuity amount, for the purpose of this Section,
shall be the annuity amount initially awarded or, if adjusted under
paragraph (b) of Section 7-142, the adjusted amount, disregarding any
incremental annuities previously granted.
(Source: P.A. 83-664.)
|
(40 ILCS 5/7-144.3) (from Ch. 108 1/2, par. 7-144.3)
Sec. 7-144.3.
Supplemental benefit payment.
(a) A supplemental benefit payment, consisting of a sum calculated as
provided in subsection (c), shall be payable to each eligible retirement
annuitant and surviving spouse annuitant on July 1, 1993, and on each
subsequent July 1; except that if this Code is amended to change the
uncompounded annual increase in retirement annuity granted in subsection
(c) of Section 7-142 to a compounded annual increase, no supplemental
benefit shall be paid under this Section on any July 1 occurring on or
after the effective date of that amendment. The amount of the supplemental
benefit payment, and a person's eligibility to receive the supplemental
benefit payment, shall be redetermined for each year in which the benefit
is payable.
(b) To be eligible to receive a supplemental benefit payment, a person
must be entitled to receive a retirement annuity or surviving spouse
annuity from the Fund on the July 1 supplemental benefit payment date, and
must have been receiving that annuity during each of the 12 months
immediately preceding that date; except that a surviving spouse annuitant
whose surviving spouse annuity began less than one year before the July 1
supplemental benefit payment date shall be eligible if the deceased spouse
received a retirement annuity from the Fund during the period from the
previous July 1 until the start of the surviving spouse annuity.
(c) The amount of the supplemental benefit payment shall be determined
by the Board as follows:
(1) The total amount available for the payment of | ||
| ||
(2) The amount of the supplemental benefit payment to | ||
| ||
(3) Notwithstanding paragraph (2), the amount of any | ||
| ||
(Source: P.A. 87-850.)
|
(40 ILCS 5/7-145) (from Ch. 108 1/2, par. 7-145)
Sec. 7-145. Reversionary annuities.
(a) An employee entitled to a retirement annuity may elect to provide a
reversionary annuity for a beneficiary if:
1. Under the provisions of paragraph (a) 1 of Section | ||
| ||
2. His accumulated additional and optional credits | ||
| ||
(b) An election shall become effective only:
1. If a written notice thereof by the employee is | ||
| ||
2. If the amount of the beneficiary's reversionary | ||
| ||
(c) The amount of the reversionary annuity shall be that specified in
the notice of election.
(d) Reversionary annuity shall begin the first day of the month
following the month in which the last payment of the employee annuity is
payable because of death, provided the beneficiary is alive at such time.
If the beneficiary does not survive the annuitant, no reversionary annuity
shall be payable, but only the death benefit as provided in Sections 7-163
and 7-164.
(e) Any election made under this Section shall be irrevocable by the employee. (Source: P.A. 98-1078, eff. 1-1-15.)
|
(40 ILCS 5/7-145.1) Sec. 7-145.1. Alternative annuity for county officers. (a) The benefits provided in this Section and Section 7-145.2 are available
only if, prior to the effective date of this amendatory Act of the 97th General Assembly, the county board has filed with the Board of the Fund a resolution or
ordinance expressly consenting to the availability of these benefits for its
elected county officers. The county board's consent is irrevocable with
respect to persons participating in the program, but may be revoked at any time
with respect to persons who have not paid an additional optional contribution
under this Section before the date of revocation. An elected county officer may elect to establish alternative credits for
an alternative annuity by electing in writing before the effective date of this amendatory Act of the 97th General Assembly to make additional optional
contributions in accordance with this Section and procedures established
by the board. These alternative credits are available only for periods of
service as an elected county officer. The elected county officer may
discontinue making the additional optional contributions by notifying the
Fund in writing in accordance with this Section and procedures established
by the board. Additional optional contributions for the alternative annuity shall
be as follows: (1) For service as an elected county officer after | ||
| ||
(2) For service as an elected county officer before | ||
| ||
(3) With respect to service as an elected county | ||
| ||
No additional optional contributions may be made for any period of service
for which credit has been previously forfeited by acceptance of a refund,
unless the refund is repaid in full with interest at the effective rate from
the date of refund to the date of repayment. (b) In lieu of the retirement annuity otherwise payable under this Article,
an elected county officer who (1) has elected to participate in the Fund and
make additional optional contributions in accordance with this Section, (2)
has held and made additional optional contributions with respect to the same
elected county office for at least 8 years, and (3) has attained
age 55 with at least 8 years of service credit (or has attained age 50 with at
least 20 years of service as a sheriff's law enforcement employee) may elect
to have his retirement annuity computed as follows: 3% of the participant's
salary for each of the first 8 years
of service credit, plus 4% of that salary for each of the next 4 years of
service credit, plus 5% of that salary for each year of service credit in
excess of 12 years, subject to a maximum of 80% of that salary. This formula applies only to service in an elected county office that the
officer held for at least 8 years, and only to service for which additional
optional contributions have been paid under this Section. If an elected county
officer qualifies to have this formula applied to service in more than one
elected county office, the qualifying service shall be accumulated for purposes
of determining the applicable accrual percentages, but the salary used for each
office shall be the separate salary calculated for that office, as defined in
subsection (g). To the extent that the elected county officer has service credit that does
not qualify for this formula, his retirement annuity will first be determined
in accordance with this formula with respect to the service to which this
formula applies, and then in accordance with the remaining Sections of this
Article with respect to the service to which this formula does not apply. (c) In lieu of the disability benefits otherwise payable under this
Article, an elected county officer who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform the duties
of his office, and (3) was making optional contributions in accordance with
this Section at the time the disability was incurred, may elect to receive
a disability annuity calculated in accordance with the formula in subsection
(b). For the purposes of this subsection, an elected county officer shall be
considered permanently disabled only if: (i) disability occurs while in
service as an elected county officer and is of such a nature as to prevent him
from reasonably performing the duties of his office at the time; and (ii) the
board has received a written certification by at least 2 licensed physicians
appointed by it stating that the officer is disabled and that the disability
is likely to be permanent. (d) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Section 7-166,
7-167 and 7-168. Interest shall be credited at the effective rate on the
same basis and under the same conditions as for other contributions. If an elected county officer fails to hold that same elected county
office for at least 8 years, he or she shall be entitled after leaving office
to receive a refund of the additional optional contributions made with respect
to that office, plus interest at the effective rate. (e) The plan of optional alternative benefits and contributions shall be
available to persons who are elected county officers and active contributors
to the Fund on or after November 15, 1994 and elected to establish alternative credit before the effective date of this amendatory Act of the 97th General Assembly. A person who was an elected county
officer and an active contributor to the Fund on November 15, 1994 but is
no longer an active contributor may apply to make additional optional
contributions under this Section at any time within 90 days after the
effective date of this amendatory Act of 1997; if the person is an annuitant,
the resulting increase in annuity shall begin to accrue on the first day of
the month following the month in which the required payment is received by the
Fund. (f) For the purposes of this Section and Section 7-145.2, the terms "elected
county officer" and "elected county office" include, but are not limited to:
(1) the county clerk, recorder, treasurer, coroner, assessor (if elected),
auditor, sheriff, and
State's Attorney; members of the county board; and the clerk of the circuit
court; and (2) a person who has been appointed to fill a vacancy in an
office that is normally filled by election on a countywide basis, for the
duration of his or her service in that office. The terms "elected county
officer" and "elected county office" do not include any officer or office of
a county that has not consented to the availability of benefits under this
Section and Section 7-145.2. (g) For the purposes of this Section and Section 7-145.2, the term
"salary" means the final rate of earnings for the elected county office held,
calculated in a manner consistent with Section 7-116, but for that office
only. If an elected county officer qualifies to have the formula in subsection
(b) applied to service in more than one elected county office, a separate
salary shall be calculated and applied with respect to each such office. (h) The changes to this Section made by this amendatory Act of the 91st
General Assembly apply to persons who first make an additional optional
contribution under this Section on or after the effective date of this
amendatory Act. (i) Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official applies in writing to the fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the actuarially assumed rate. (Source: P.A. 100-148, eff. 8-18-17.) |
(40 ILCS 5/7-145.2)
Sec. 7-145.2. Alternative survivor's benefits for survivors of county
officers.
In lieu of the survivor's benefits otherwise payable under this
Article, the spouse or eligible child of any deceased elected county
officer who (1) had elected to participate in the
Fund, and (2) was either making additional optional contributions in
accordance with Section 7-145.1 on the date of death, or was receiving
an annuity calculated under that Section at the time of death, may elect to
receive an annuity beginning on the date of the
elected county officer's death, provided that the spouse and officer must
have been married on the date of the last termination of his or her service
as an elected county officer and for a continuous period of at least one year
immediately preceding his or her death.
The annuity shall be payable beginning on the date of the elected
county officer's death if the spouse is then age 50 or over, or beginning
at age 50 if the age of the spouse is less than 50 years. If a minor
unmarried child or children of the county officer, under age 18, also
survive, and the child or children are under the care of the eligible
spouse, the annuity shall begin as of the date of death of the elected county
officer without regard to the spouse's age.
The annuity to a spouse shall be 66 2/3% of the amount of retirement
annuity earned by the elected county officer on the date of death, subject to a
minimum payment of 10% of salary, provided that if an eligible spouse,
regardless of age, has in his or her care at the date of death of the
elected county officer any unmarried child or children of the county
officer, under age 18, the minimum annuity shall be 30% of the elected
officer's salary, plus 10% of salary on account of each minor child
of the elected county officer, subject to a combined total payment on
account of a spouse and minor children not to exceed 50% of the deceased
officer's salary. In the event there shall be no spouse
of the elected county officer surviving, or should a
spouse remarry or die while eligible minor children still survive the
elected county officer, each such child shall be entitled to an annuity
equal to 20% of salary of the elected officer subject to a combined total
payment on account of all such children not to exceed 50% of salary of the
elected county officer. The salary to be used in the calculation of these
benefits shall be the same as that prescribed for determining a retirement
annuity as provided in Section 7-145.1.
Upon the death of an elected county officer occurring after termination
of service or while in receipt of a retirement annuity, the combined total
payment to a spouse and minor children, or to minor children alone if no
eligible spouse survives, shall be limited to 75% of the amount of
retirement annuity earned by the county officer.
Marriage of a child or attainment of age 18, whichever first occurs,
shall render the child ineligible for further consideration in the payment
of an annuity to a spouse or in the increase in the amount thereof. Upon
attainment of ineligibility of the youngest minor child of the elected
county officer, the annuity shall immediately revert to the amount payable
upon death of an elected county officer leaving no minor children surviving
him or her. If the spouse is under age 50 at such time, the annuity as
revised shall be deferred until such age is attained. Remarriage of a
widow or widower prior to attainment of age 55 shall disqualify the spouse
from the receipt of an annuity.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146)
Sec. 7-146. Temporary disability benefits - Eligibility. Temporary
disability benefits shall be payable to participating employees as
hereinafter provided.
(a) The participating employee shall be considered temporarily
disabled if:
1. He is unable to perform the duties of any position | ||
| ||
2. The Board has received written certifications from | ||
| ||
(b) A temporary disability benefit shall be payable to a temporarily
disabled employee provided:
1. He:
(i) has at least one year of service immediately | ||
| ||
(ii) had qualified under clause (i) above, but | ||
| ||
(iii) had qualified under clause (i) above, but | ||
| ||
Item (iii) of this subdivision shall apply to all | ||
| ||
Periods of qualified leave granted in compliance with | ||
| ||
2. He has been temporarily disabled for at least 30 | ||
| ||
3. He is receiving no earnings from a participating | ||
| ||
4. He has not refused to submit to a reasonable | ||
| ||
5. His disability is not the result of a mental or | ||
| ||
6. He is not separated from the service of the | ||
| ||
7. He has not failed or refused to consent to and | ||
| ||
8. He has not failed or refused to provide complete | ||
| ||
(Source: P.A. 101-151, eff. 7-26-19.)
|
(40 ILCS 5/7-147) (from Ch. 108 1/2, par. 7-147)
Sec. 7-147.
Temporary disability benefits - Commencement and duration.
Temporary disability
benefits shall be payable:
(a) Upon receipt by the fund of a written application therefor. The
effective date may be not more than 6 months prior to the receipt by the
fund of the application. However, if an employee executes an application
and delay in filing is caused by negligence or fault of any officer or
employee of the applicant's municipality or participating instrumentality,
the effective date may be the later of 30 days prior to the date the
application is executed or one year prior to the date received by the fund.
(b) Once a month as of the end of each calendar month;
(c) For less than a month in a fraction equal to that created by making
the number of days of disability in the month the numerator and the number
of the days in the month the denominator;
(d) To the beneficiary of a deceased participating employee for the
unpaid amount accrued to the date of death;
(e) For a period ending on the last day of the month when the total
period during which temporary disability benefits are paid equals 1/2 of
the total period of service (excluding periods of disability) of the
employee as of the date of his disability or 30 months, whichever is the
lesser; provided that when a participating employee becomes disabled within
5 years of a previous period or periods of temporary or total and permanent
disability, temporary disability benefits shall be payable for a period not
to exceed the lesser of 30 months or a period computed as follows:
1. the lesser of 30 months or 1/2 of the total service preceding the
first period of disability within such 5-year period;
2. less the total amount of all periods of disability within said 5-year
period;
3. plus 1/2 of the total amount of service (excluding periods of
disability) subsequent to the first period of disability within such 5-year
period;
(f) while the temporary disability continues.
(Source: P.A. 86-272.)
|
(40 ILCS 5/7-149) (from Ch. 108 1/2, par. 7-149)
Sec. 7-149.
Temporary disability benefits-Periodic checks.
The Board shall conduct periodic checks to determine if any
participating employee is disabled. Such checks may consist of periodic
examinations by a physician or physicians appointed by the Board, requiring
the employee to submit evidence of continuing disability and such other
investigations as the Board may deem appropriate. The following shall
constitute prima-facie evidence of termination of temporary disability:
(a) A written report by a physician appointed by the Board stating that
the temporary disability has ceased;
(b) The earning of compensation by the employee from any source for
personal services, in excess of 25% of the monthly rate of earnings upon
which his disability benefits are based.
(Source: Laws 1965, p. 1086.)
|
(40 ILCS 5/7-150) (from Ch. 108 1/2, par. 7-150)
Sec. 7-150. Total and permanent disability benefits - Eligibility. Total and permanent disability benefits shall be payable to
participating employees as hereinafter provided, including those
employees receiving disability benefit on July 1, 1962.
(a) A participating employee shall be considered totally and
permanently disabled if:
1. He is unable to engage in any gainful activity | ||
| ||
2. The Board has received a written certification by | ||
| ||
(b) A totally and permanently disabled employee is entitled to a
permanent disability benefit provided:
1. He has exhausted his temporary disability benefits.
2. He:
(i) has at least one year of service immediately | ||
| ||
(ii) had qualified under clause (i) above, but | ||
| ||
(iii) had qualified under clause (i) above, but | ||
| ||
Item (iii) of this subdivision shall apply to all | ||
| ||
Periods of qualified leave granted in compliance with | ||
| ||
3. He is receiving no earnings from a participating | ||
| ||
4. He has not refused to submit to a reasonable | ||
| ||
5. His disability is not the result of a mental or | ||
| ||
6. He is not separated from the service of his | ||
| ||
7. He has not refused to apply for a disability | ||
| ||
8. He has not failed or refused to consent to and | ||
| ||
9. He has not failed or refused to provide complete | ||
| ||
(c) A participating employee shall remain eligible and may make
application for a total and permanent disability benefit within 90 days
after the termination of his temporary disability benefits or within
such longer period terminating at the end of the period during which his
employing municipality is prevented from employing him by reason of any
statutory prohibition.
(Source: P.A. 101-151, eff. 7-26-19.)
|
(40 ILCS 5/7-151) (from Ch. 108 1/2, par. 7-151)
Sec. 7-151.
Total and permanent disability benefits - Commencement and
duration. Permanent disability benefits shall be payable:
(a) As of the date temporary disability benefits are exhausted;
(b) Once a month as of the end of each month;
(c) For less than a month in a fraction equal to that created by making
the number of days of disability in the month the numerator and the number
of the days in the month the denominator;
(d) To the beneficiary of a deceased employee for the unpaid amount
accrued to the date of death;
(e) While total and permanent disability
continues;
(f) For the period ending on the last day of the month which is the
later of the following:
1. the month that the participating employee attains | ||
| ||
2. the month which is 5 years after the month the | ||
| ||
(Source: P.A. 92-424, eff. 8-17-01.)
|
(40 ILCS 5/7-152) (from Ch. 108 1/2, par. 7-152)
Sec. 7-152.
Disability benefits - Amount.
The amount of the monthly
temporary and total and permanent disability benefits shall be 50% of the
participating employee's final rate of earnings on the date disability was
incurred, subject to the following adjustments:
(a) If the participating employee has a reduced rate of earnings at the
time his employment ceases because of disability, the rate of earnings shall
be computed on the basis of his last 12 month period of full-time employment.
(b) If the participating employee is eligible for a disability benefit
under the federal Social Security Act, the amount of monthly disability
benefits shall be reduced, but not to less than $10 a month, by the amount
he would be eligible to receive as a disability benefit under the federal
Social Security Act, whether or not because of service as a covered employee
under this Article. The reduction shall be effective as of the month the
employee is eligible for Social Security disability benefits. The Board
may make such reduction if it appears that the employee may be so eligible
pending determination of eligibility and make an appropriate adjustment
if necessary after such determination. If the employee, because of his
refusal to accept rehabilitation services under the federal Rehabilitation
Act of 1973 or the federal Social Security Act, or because he is receiving
workers' compensation benefits, has his Social Security benefits reduced or
terminated, the disability benefit shall be reduced as if the employee were
receiving his full Social Security disability benefit.
(c) If the employee (i) is over the age for a full Social Security
old-age insurance benefit, (ii) was not eligible for a Social
Security disability benefit immediately before reaching that age, and (iii) is eligible for a full Social Security old-age insurance
benefit, then the amount of the monthly disability benefit shall be
reduced, but not to less than $10 a month, by the amount of the old-age
insurance benefit to which the employee is entitled, whether or not the
employee applies for the Social Security old-age insurance benefit. This
reduction shall be made in the month after the month in which the employee
attains the age for a full Social Security old-age insurance benefit. However, if the employee was receiving a Social Security disability
benefit before reaching the age for a full Social Security old-age insurance
benefit, the disability benefits after that age
shall be determined under subsection (b) of this Section.
(d) The amount of disability benefits shall not be reduced by reason of
any increase, other than one resulting from a correction in the employee's
wage records, in the amount of disability or old-age insurance benefits
under the federal Social Security Act which takes effect after the month
of the initial reduction under paragraph (b) or (c) of this Section.
(e) If the employee in any month receives compensation from gainful
employment which is more than 25% of the final rate of earnings on which
his disability benefits are based, the temporary disability benefit payable
for that month shall be reduced by an amount equal to such excess.
(f) An employee who has been disabled for at least 30 days may return to
work for the employer on a part-time basis for a trial work period of up to
one year, during which the disability shall be deemed to continue. Service
credit shall continue to accrue and the disability benefit shall continue
to be paid during the trial work period, but the benefit shall be reduced
by the amount of earnings received by the disabled employee. Return to
service on a full-time basis shall terminate the trial work period. The
reduction under this subsection (f) shall be in lieu of the reduction, if
any, required under subsection (e).
(g) Beginning January 1, 1988, every total and permanent disability benefit
shall be increased by 3% of the original amount of the benefit, not
compounded, on each January 1 following the later of (1) the date the total
and permanent disability benefit begins, or (2) the date the total and
permanent disability benefit would have begun if the employee had been paid
a temporary disability benefit for 30 months.
(Source: P.A. 92-424, eff. 8-17-01.)
|
(40 ILCS 5/7-153) (from Ch. 108 1/2, par. 7-153)
Sec. 7-153.
Total and permanent disability benefits; periodic checks.
The board shall conduct periodic checks to determine if participating
employees who are drawing a total permanent disability benefit remain
totally and permanently disabled. Such checks may consist of periodic
examination by a physician or physicians appointed by the board,
requiring the employee to submit evidence of continuing disability or
absence of gainful employment and such other investigations as the board
may deem appropriate. A written report by a physician appointed by the
board stating that the employee is no longer totally and permanently
disabled shall constitute prima-facie evidence of termination of total
and permanent disability, except as provided in subsection (f) of
Section 7-152.
(Source: P.A. 87-740.)
|
(40 ILCS 5/7-154) (from Ch. 108 1/2, par. 7-154)
Sec. 7-154. Surviving spouse annuities - Eligibility.
(a) A surviving spouse annuity shall be payable to the eligible
surviving spouse of a participating employee, an employee annuitant, or a
person who on the date of death would have been entitled to a retirement
annuity, had he applied for such annuity, and who dies at any time when a
surviving spouse annuity equals at least $5 per month, provided:
(1) The surviving spouse (i) was married to the | ||
| ||
(2) The male deceased employee annuitant or such | ||
| ||
(3) The female deceased employee annuitant or such | ||
| ||
(4) If the employee dies before termination of | ||
| ||
(b) If a person is the spouse of a retiring participating
employee on the date of the initial payment of a retirement annuity and is
qualified to receive a surviving spouse annuity upon the death of the
employee and the surviving spouse contributions are not refunded to the
employee, then a surviving spouse annuity shall be payable to that person
even if the marriage to the employee is dissolved after that date.
(c) Eligibility of a surviving spouse shall be determined as of the
date of death. Only one surviving spouse annuity shall be paid on
account of the death of any employee.
(Source: P.A. 99-682, eff. 7-29-16.)
|
(40 ILCS 5/7-155) (from Ch. 108 1/2, par. 7-155)
Sec. 7-155. Surviving spouse annuities-commencement. (a) A surviving spouse annuity shall begin on the 1st day of the month
next following the month in which the participating employee, or the
employee annuitant or such person entitled to a retirement annuity died,
upon a written application therefor, provided:
1. Any such annuity payments payable for periods | ||
| ||
2. The amount of surviving spouse annuity before the | ||
| ||
(b) A person receiving a surviving spouse annuity whose annuity was granted but limited to one year prior to the application date under the former provisions of this Section may reapply for annuity payments for the period denied due to the one-year limitation. Such annuity payments shall not include interest based on late payment. (c) The changes to this Section made by this amendatory Act of the 99th General Assembly apply without regard to whether the deceased spouse was in service on or after the effective date of this amendatory Act. (Source: P.A. 99-580, eff. 7-15-16.)
|
(40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
Sec. 7-156. Surviving spouse annuities - amount.
(a) The amount of surviving spouse annuity shall be:
1. Upon the death of an employee annuitant or such person entitled, upon
application, to a retirement annuity at date of death, (i) an amount equal
to 50% for a Tier 1 regular employee or 66 2/3% for a Tier 2 regular employee of the retirement annuity which was or would
have been payable exclusive of the amount so payable which was provided from
additional credits, and disregarding any election made under paragraph (b) of
Section 7-142, plus (ii) an annuity which could be provided at the then
attained age of the surviving spouse and under actuarial tables then in effect,
from the excess of the additional credits, (excluding any such credits used to
create a reversionary annuity) used to provide the annuity granted pursuant to
paragraph (a) (2) of Section 7-142 of this article over the total annuity
payments made pursuant thereto.
2. Upon the death of a participating employee on or after attainment of
age 55, an amount equal to 50% for a Tier 1 regular employee or 66 2/3% for a Tier 2 regular employee of the retirement annuity
which he could have had as of the date of death had he then retired and applied
for annuity, exclusive of the portion thereof which could have been provided
from additional credits, and disregarding paragraph (b) of Section 7-142,
plus an amount equal to the annuity which could be provided from the total
of his accumulated additional credits at date of death, on the basis of the
attained age of the surviving spouse on such date.
3. Upon the death of a participating employee before age 55, an amount equal
to 50% for a Tier 1 regular employee or 66 2/3% for a Tier 2 regular employee of the retirement annuity which he could have had
as of his attained age on the date of death, had he then retired and applied
for annuity, and the provisions of this Article that no such annuity shall
begin until the employee has attained at least age 55 were not applicable,
exclusive of the portion thereof which could have been provided from
additional credits and disregarding paragraph (b) of Section 7-142, plus an
amount equal to the annuity which could be provided from the total of his
accumulated additional credits at date of death, on the basis of the
attained age of the surviving spouse on such date.
In the case of the surviving spouse of a person who dies before June 1, 2006 (the
effective date of Public Act 94-712), if
the surviving spouse is more than 5 years younger than the deceased,
that portion of the annuity which is not based on additional credits shall
be reduced in the ratio of the value of a life annuity of $1 per year at an
age of 5 years less than the attained age of the deceased, at the earlier
of the date of the death or the date his retirement annuity begins, to the
value of a life annuity of $1 per year at the attained age of the surviving
spouse on such date, according to actuarial tables approved by the Board.
This reduction does not apply to the surviving spouse of a person who dies
on or after June 1, 2006 (the effective date of Public Act 94-712).
In computing the amount of a surviving spouse annuity, incremental increases
of retirement annuities to the date of death of the employee annuitant shall be
considered.
(b) If the employee was a Tier 1 regular employee, each surviving spouse annuity payable on January 1, 1988 shall be
increased on that date by 3% of the original amount of the annuity. Each
surviving spouse annuity that begins after January 1, 1988 shall be
increased on the January 1 next occurring after the annuity begins, by an
amount equal to (i) 3% of the original amount thereof if the deceased
employee was receiving a retirement annuity at the time of his death; otherwise
(ii) 0.25% of the original amount thereof for each complete
month which has elapsed since the date the annuity began.
On each January 1 after the date of the initial increase under this
subsection, each surviving spouse annuity shall be increased by 3% of the
originally granted amount of the annuity.
(c) If the participating employee was a Tier 2 regular employee, each surviving spouse annuity shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity or (2) in other cases, on each January 1 occurring after the first anniversary of the commencement of the annuity. Such annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, whichever is less, of the originally granted surviving spouse annuity. If the annual unadjusted percentage change in the consumer price index-u for the 12 months ending with the September preceding each November 1 is zero or there is a decrease, then the annuity shall not be increased. (Source: P.A. 102-210, eff. 1-1-22.)
|
(40 ILCS 5/7-157) (from Ch. 108 1/2, par. 7-157)
Sec. 7-157.
Surviving spouse annuities - marriage to terminate.
If a
surviving spouse annuitant marries before reaching age 55, the
annuity shall be terminated as of the end of the calendar month following the
month in which the marriage occurs, unless the marriage occurs after
December 31, 2000.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/7-158) (from Ch. 108 1/2, par. 7-158)
Sec. 7-158.
Surviving spouse annuities - Options.
In lieu of the surviving
spouse annuity an eligible surviving spouse
shall have the option of receiving other benefits as follows:
1. The surviving spouse of a participating employee may elect to
receive either a single sum death benefit or a surviving spouse annuity
and the $3,000 death benefit provided in Sections 7-163 and 7-164.
2. The surviving spouse of an employee, who has separated from
service and would have been entitled to a retirement annuity on date of
death, may elect to receive either a single sum death benefit or a
surviving spouse annuity and the $3,000 death benefit provided in
Sections 7-163 and 7-164.
3. If any surviving spouse annuity is payable prior to the earliest age at
which the recipient will become eligible for a widows' or widowers' insurance
benefit under the Federal Social Security Act, the recipient may elect
that the annuity payments from this fund shall exceed those payable after
attaining such age by an amount not in excess of the estimated Social
Security Benefit, determined as of the effective date of the surviving
spouse annuity, provided that in no case shall the total annuity
payments made by this fund exceed in actuarial value the annuity which
would have been paid had no such election been made.
4. The surviving spouse of a participating employee, whose annuity
was suspended upon return to employment and who had one year or more of
service after his return, may apply the additional service credits to a
supplemental surviving spouse annuity and receive the $3,000 death
benefit or apply the additional service credits to a single sum death
benefit and forego the $3,000 death benefit payable upon the death of an
annuitant.
5. The surviving spouse of a participating employee, whose annuity
was suspended upon return to employment and who had less than one year
of service after his return, shall have the additional service credits
applied towards a supplemental surviving spouse annuity and shall
receive the $3,000 death benefit.
(Source: P.A. 85-941.)
|
(40 ILCS 5/7-159) (from Ch. 108 1/2, par. 7-159)
Sec. 7-159. Surviving spouse annuity - refund of survivor credits.
(a) Any employee annuitant who (1) upon the date a retirement annuity
begins is not then married, or (2) is married to a person who would not qualify
for surviving spouse annuity if the person died on such date, is entitled to a
refund of the survivor credits including interest accumulated on the date the
annuity begins, excluding survivor credits and interest thereon credited during
periods of disability, and no spouse shall have a right to any surviving spouse
annuity from this Fund. If the employee annuitant
reenters service and upon subsequent retirement has a spouse who would
qualify for a surviving spouse annuity, the employee annuitant may pay the
fund the amount of the refund plus interest at the effective rate at the
date of payment. The payment shall qualify the spouse for a surviving
spouse annuity and the amount paid shall be considered as survivor
contributions.
(b) Instead of a refund under subsection (a), the retiring employee may
elect to convert the amount of the refund into an annuity, payable
separately from the retirement annuity. If the annuitant dies before the
guaranteed amount has been distributed, the remainder shall be paid in a lump
sum to the designated beneficiary of the annuitant. The Board shall adopt any
rules necessary for the implementation of this subsection.
(c) An annuitant who retired prior to June 1, 2011 and received a refund of
survivor credits under subsection (a), and who thereafter became, and remains,
either: (1) a party to a civil union or a party to a legal | ||
| ||
(2) a party to a marriage under the Illinois | ||
| ||
(3) a party to a marriage, civil union or other legal | ||
| ||
may, within a period of one year beginning 5 months after the effective date of this amendatory Act of the 99th General Assembly, make an election to re-establish rights to a
surviving spouse annuity under Sections 7-154 through 7-158 (notwithstanding
the eligibility requirements of paragraph (a)(1) of Section 7-154), by paying to the
Fund: (1) the total amount of the refund received for survivor credits; and (2)
interest thereon at the actuarially assumed rate of return from the date of the refund to the date of
payment. Such election must be made prior to the date of death of the annuitant. The Fund may allow the annuitant to repay this refund over a period of not more
than 24 months. To the extent permitted by the Internal Revenue Code of 1986, as amended, for federal and State tax purposes, if a member pays in monthly
installments by reducing the monthly benefit by the amount of the otherwise
applicable contribution, the monthly amount by which the annuitant's benefit is
reduced shall not be treated as a contribution by the annuitant but rather as a
reduction of the annuitant's monthly benefit. If an annuitant makes an election under this subsection (c) and the contributions
required are not paid in full, an otherwise qualifying spouse shall be given the
option to make an additional lump sum payment of the remaining contributions
and qualify for a surviving spouse annuity. Otherwise, an additional refund
representing contributions made hereunder shall be paid at the annuitant's death
and there shall be no surviving spouse annuity paid. (d) Any surviving spouse of an annuitant who (1) retired prior to June 1, 2011, (2) was not married on the date the retirement annuity began, (3) received a refund of survivor credits under subsection (a), and (4) died prior to the implementation of Public Act 99-682 on December 29, 2016 may, within a period of one year beginning 5 months after the effective date of this amendatory Act of the 101st General Assembly, make an election to re-establish rights to a surviving spouse annuity under Sections 7-154 through 7-158 (notwithstanding the eligibility requirements of paragraph (a) of subsection (1) of Section 7-154), by paying to the Fund: (i) the total amount of the refund received for survivor credits; and (ii) interest thereon at the actuarially assumed rate of return from the date of the refund to the date of payment. The surviving spouse must also provide documentation proving he or she was married to the annuitant or a party to a civil union with the annuitant at the time of death and has not subsequently remarried. This proof must include a marriage certificate or a certificate for a civil union and any other supporting documents deemed necessary by the Fund.(Source: P.A. 101-610, eff. 1-1-20.)
|
(40 ILCS 5/7-160) (from Ch. 108 1/2, par. 7-160)
Sec. 7-160. Child annuities-eligibility.
Child annuities shall be payable to each child of an employee annuitant
who dies with no surviving spouse and whose spouse would have been eligible
to receive a surviving spouse annuity, and each child of a deceased
employee whose surviving spouse dies and whose spouse, immediately prior to
death, was receiving or would have been eligible to receive, a surviving
spouse annuity, or who left no surviving spouse, is eligible to receive a
child annuity, provided:
a. The child is less than age 18 and unmarried;
b. The child is the natural born or legally adopted | ||
| ||
c. (Blank).
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/7-161) (from Ch. 108 1/2, par. 7-161)
Sec. 7-161.
Child annuities-commencement.
A child annuity shall begin upon proper application therefor, on the
first day of the month following the month in which the survivor of his
parents has died, and shall continue until death, or until the first day of
the month coincidental with or next preceding the day the child attains age
18 or marries, whichever first occurs.
(Source: P.A. 77-2121.)
|
(40 ILCS 5/7-162) (from Ch. 108 1/2, par. 7-162)
Sec. 7-162.
Child annuities-amount.
The amount of child annuities shall be:
1. The aggregate of all child annuities in an amount equal to the
surviving spouse annuity which the spouse of the employee was receiving, or
eligible to receive, immediately prior to death, or which the spouse of the
annuitant would have received if surviving;
2. The child annuity payable at any time to each eligible child shall be
an amount determined by dividing the aggregate amount of all child
annuities by the number of children then eligible to receive child
annuities.
(Source: P.A. 77-2121.)
|
(40 ILCS 5/7-163) (from Ch. 108 1/2, par. 7-163)
Sec. 7-163.
Death benefits-eligibility.
Death benefits shall be payable as hereinafter set forth:
1. To the beneficiary defined in Section 7-118;
2. A death benefit shall be paid to the beneficiary as soon as
practicable after receipt by the board of:
a. A certified copy of the death certificate of the employee or
annuitant;
b. A written application of the beneficiary for such benefit.
(Source: P.A. 78-255.)
|
(40 ILCS 5/7-164) (from Ch. 108 1/2, par. 7-164)
Sec. 7-164.
Death benefits - Amount.
The amount of the death benefit
shall be:
1. Upon the death of an employee with at least one year of service
occurring while in an employment relationship (including employees
drawing disability benefits) with a participating municipality or
participating instrumentality, an amount equal to the sum of:
(a) The employee's normal, additional and survivor | ||
| ||
(b) An amount equal to the employee's annual final | ||
| ||
2. Upon the death of an employee with less than 1 year of service
occurring while in the service of any participating municipality or
instrumentality, an amount equal to the sum of his accumulated normal,
additional and survivor credits on the date of death, excluding those
credits and interest thereon allowed during periods of disability.
3. Upon the death of an employee who has separated from service and
was not entitled to a retirement annuity on the date of death, an amount
equal to the sum of his accumulated normal, survivor and additional
credits on the date of death excluding those credits and interest
thereon allowed during periods of disability.
4. Upon the death of an employee in an employment relationship, or
an employee who has service and was entitled to a retirement annuity on
the date of death, when a surviving spouse or child annuity is awarded,
$3,000.
5. Upon the death of an employee, who has separated from service and
was entitled to a retirement annuity on the date of death, and no
surviving spouse or child annuity is awarded, $3,000 plus an amount
equal to his accumulated normal, survivor and additional credits on the
date of death, excluding those credits and interest earned thereon
allowed during periods of disability.
6. Upon the death of an employee annuitant, $3,000 and, unless a
surviving spouse, child or reversionary annuity is payable, the sum of
(i) the excess of the normal and survivor credits, excluding those
allowed during periods of disability, which the annuitant had as of the
effective date of his annuity over the total annuities paid pursuant to
paragraph (a) 1 of Section 7-142 to the date of death, plus (ii) the
excess of the additional credits, excluding any such credits used to
create a reversionary annuity, used to provide the annuity granted
pursuant to paragraph (a) 2 of Section 7-142 over the total annuity
payments made pursuant thereto to the time of death.
7. Upon the death of an annuitant receiving a reversionary annuity
or of a person designated to receive a reversionary annuity prior to the
receipt of such annuity the sum of the additional credits of the person
creating the reversionary annuity as of the effective date of his own
retirement annuity over the reversionary annuity payments, if any, made
prior to the date of death of such annuitant or person designated to
receive the reversionary annuity.
8. Upon the death of an annuitant receiving a beneficiary annuity
which was effective before January 1, 1986,
the excess of the death benefit which was used to provide the annuity,
over the sum of all annuity payments made to the beneficiary.
Upon the death of an annuitant receiving a beneficiary annuity effective
January 1, 1986 or thereafter, the sum of (i) the excess of the normal and
survivor credits, excluding those allowed during periods of disability,
which the annuitant had as of the effective date of his annuity over the
total annuities paid pursuant to paragraph (c) of Section 7-165, to date of
death, plus (ii) the excess of the additional credits, excluding any such
credits used to create a reversionary annuity, used to provide the annuity
granted pursuant to paragraph (d) of Section 7-165 over the total annuity
payments made pursuant thereto to the time of death.
9. Upon the marriage prior to reaching age 55 (except for a surviving
spouse who remarries after December 31, 2000) or death of a person receiving
a surviving spouse annuity, unless a child annuity is payable, the sum of (i)
the excess of the normal and survivor credits, excluding those credits and
interest thereon allowed during periods of disability, attributable to
the employee at the effective date of the annuity or date of death,
whichever first occurred, over the total of all annuity payments
attributable to paragraph (a) 1 of Section 7-142 made to the employee or
surviving spouse plus (ii) the excess of the additional credits,
excluding any such credits used to create a reversionary annuity or used
to provide the annuity attributable to paragraph (a) 2 of Section 7-142
over the total of such payments.
10. Upon the marriage, death or attainment of age 18 of a child
receiving a child annuity, if no other child annuities are payable, the
sum of (i) the excess of the normal and survivor credits excluding those
credits and interest thereon allowed during periods of disability, of
the employee at the effective date of the annuity or date of death,
whichever first occurred, over the total annuity payments attributable
to paragraph (a) 1 of Section 7-142 made to the employee, surviving
spouse and children plus (ii) the excess of the additional credits,
excluding any such credits used to create a reversionary annuity, used
to provide the annuity attributable to paragraph (a) 2 of Section 7-142
over the total annuity payments made to the employee, surviving spouse
and children, pursuant thereto.
11. Upon the death of the participating employee whose annuity was
suspended upon his return to employment:
a. If a surviving spouse or child annuity is awarded, | ||
| ||
b. If no surviving spouse or child annuity is awarded | ||
| ||
c. If no surviving spouse or child annuity is awarded | ||
| ||
12. The $3,000 death benefit provided in paragraphs 4 and 6 shall
not be payable to beneficiaries of persons who terminated service prior
to September 8, 1971, unless the payment or agreement for payment
provided by Section 7-144.2 of this Article is made prior to the date of
death.
13. The increase in certain death benefits from $1,000 to $3,000
provided by this amendatory Act of 1987 shall apply only to deaths
occurring on or after January 1, 1988.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/7-165) (from Ch. 108 1/2, par. 7-165)
Sec. 7-165.
Beneficiary annuities.
(a) The beneficiary entitled to a death benefit under paragraph 1, 2 or 3
of Section 7-164 may elect to receive the benefit in the form of an annuity
for life, if the death benefit will provide an immediate annuity of at
least $10 per month.
(b) When a death benefit is payable in the form of an annuity, the
annuity shall begin on the first day of the month following the month of
death of the employee or annuitant;
(c) The amount of beneficiary annuity shall be that which can be
provided from the death benefit under actuarial tables adopted by the
Board.
(d) If a deceased participating employee has additional credits, the
beneficiary may elect to receive an annuity for life in an amount which can
be provided therefrom under actuarial tables adopted by the Board, provided
the annuity would be at least $10 per month.
(Source: P.A. 85-941.)
|
(40 ILCS 5/7-166) (from Ch. 108 1/2, par. 7-166)
Sec. 7-166. Separation benefits - eligibility. Separation benefits
shall be payable as hereinafter set forth:
1. Upon separation from the service of all | ||
| ||
2. Upon separation from the service of all | ||
| ||
3. Upon separation from the service of all | ||
| ||
(Source: P.A. 99-747, eff. 1-1-17.)
|
(40 ILCS 5/7-167) (from Ch. 108 1/2, par. 7-167)
Sec. 7-167.
Separation benefits - Payment.
Separation benefits shall be paid
in the form of a single cash sum as soon as practicable after receipt by the
board of:
1. a written application by the employee for such | ||
| ||
2. written notice from the last employing | ||
| ||
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/7-168) (from Ch. 108 1/2, par. 7-168)
Sec. 7-168.
Separation benefits - Amount.
The amount of the separation benefits shall be the sum of the employee's
accumulated normal, survivor and additional contributions.
(Source: P.A. 87-740.)
|
(40 ILCS 5/7-169) (from Ch. 108 1/2, par. 7-169)
Sec. 7-169. Separation benefits; repayments.
(a) If an employee who has
received a separation benefit subsequently becomes a participating employee,
and renders at least 2 years of contributing service from the date of such
re-entry, he may pay to the fund the amount of the separation benefit, plus
interest at the effective rate for each year from the date of payment of the
separation benefit to the date of repayment. Upon payment his creditable
service shall be reinstated and the payment shall be credited to his account
as normal contributions. Application must be received by the Board while the employee is an active participant in the Fund or a reciprocal retirement system. Payment must be received while the member is an active participant, except that one payment will be permitted after termination of participation in the Fund or a reciprocal retirement system.
(b) Beginning July 1, 2004, the requirement of
returning to service for at least 2 years does not apply to persons who return
to service as a sheriff's law enforcement employee. This subsection applies only to persons in service on or after July 1, 2004. In the case of such a person who begins to receive a retirement annuity before the effective date of this amendatory Act of the 94th General Assembly, the annuity shall be recalculated prospectively to reflect any credits reinstated as a result of this subsection, with the resulting increase in annuity beginning to accrue on the first annuity payment date following the effective date of this amendatory Act, but not earlier than the date the repayment is received by the Fund.
(Source: P.A. 100-148, eff. 8-18-17.)
|
(40 ILCS 5/7-169.1) (from Ch. 108 1/2, par. 7-169.1)
Sec. 7-169.1.
Repayment of refund obtained from superseded funds.
An employee who received a refund of deductions from the Illinois
Municipal Public Utility Employees' Annuity and Benefit Fund,
and subsequently becomes a participating employee under this Article and
renders two years of contributing service, may pay to the Fund the amount
of the refund, including any interest received, plus interest at the
effective rate for each year from the date of payment of the refund to
the date of repayment. Upon payment, his
service under the Illinois Municipal Public Utility Employees' Annuity
and Benefit Fund shall be established as creditable service under this
Article and the payment shall be credited as normal contributions to his
account.
(Source: P.A. 84-1028.)
|
(40 ILCS 5/7-170) (from Ch. 108 1/2, par. 7-170)
Sec. 7-170. Federal Social Security coverage. (a) It is declared to be the policy and purpose to extend to covered
employees as defined in Section 7-138, the benefits of the Federal Old
Age and Survivors Insurance System as authorized by the Federal Social
Security Act and amendments thereto. To effect this, the board shall
take such action as may be required by applicable State and Federal laws
or regulations.
(b) The board shall execute an agreement with the State Agency to
secure coverage of covered employees as provided in paragraph (a) of
this section.
(c) Each participating municipality and each participating instrumentality
shall remit payment of contributions for Social Security purposes on behalf
of covered employees and covered municipalities and participating
instrumentalities
as required by applicable State and federal laws and regulations.
(d) Contributions of covered employees for Federal
Social Security purposes shall be paid in such
amounts and at such time as required by applicable State and federal laws and regulations.
(e) (Blank).
(f) The board shall maintain such records and submit such reports as may
be required by applicable State and Federal laws or regulations.
(Source: P.A. 96-1084, eff. 7-16-10; 97-933, eff. 8-10-12.)
|
(40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
Sec. 7-171. Finance; taxes.
(a) Each municipality other than a school district shall
appropriate an amount sufficient to provide for the current
municipality contributions required by Section 7-172 of
this Article, for the fiscal year for which the appropriation is made
and all amounts due for municipal contributions for previous years.
Those municipalities which have been assessed an annual amount to
amortize its unfunded obligation, as provided in subparagraph 4 of
paragraph (a) of Section 7-172 of this Article, shall include in the
appropriation an amount sufficient to pay the amount assessed. The
appropriation shall be based upon an estimate of assets available for
municipality contributions and liabilities therefor for the fiscal year
for which appropriations are to be made, including funds available from
levies for this purpose in prior years.
(b) For the purpose of providing monies for municipality
contributions, beginning for the year in which a municipality is
included in this fund:
(1) A municipality other than a school district may | ||
| ||
(2) A school district may levy a tax in an amount | ||
| ||
(c) Any county which is served by a regional office of education that
serves 2 or more
counties may include in its
appropriation an amount sufficient to provide its proportionate share of the
municipality contributions for that regional office of education. The tax levy authorized by this Section may include an amount
necessary to provide monies for this contribution.
(d) Any county that is a part of a multiple-county health department
or consolidated health department which is formed under "An Act in
relation to the establishment and maintenance of county and
multiple-county public health departments", approved July 9, 1943, as
amended, and which is a participating instrumentality may include in the
county's appropriation an amount sufficient to provide its proportionate
share of municipality contributions of the department. The tax levy
authorized by this Section may include the amount necessary to provide
monies for this contribution.
(d-5) A school district participating in a special education joint
agreement created under Section 10-22.31 of the School Code that is a
participating instrumentality may include in the school district's
tax levy under this Section an amount sufficient to provide its
proportionate share of the municipality contributions for current and prior
service by employees of the participating instrumentality created under the
joint agreement.
(e) Such tax shall be levied and collected in like manner, with the
general taxes of the municipality and shall be in addition to all other
taxes which the municipality is now or may hereafter be authorized to
levy upon all taxable property therein, and shall be exclusive of and in
addition to the amount of tax levied for general purposes under Section
8-3-1 of the "Illinois Municipal Code", approved May 29, 1961, as
amended, or under any other law or laws which may limit the amount of
tax which the municipality may levy for general purposes. The tax may
be levied by the governing body of the municipality without being
authorized as being additional to all other taxes by a vote of the
people of the municipality.
(f) The county clerk of the county in which any such municipality is
located, in reducing tax levies shall not consider any such tax as a
part of the general tax levy for municipality purposes, and shall not
include the same in the limitation of any other tax rate which may be
extended.
(g) The amount of the tax to be levied in any year shall, within the
limits herein prescribed, be determined by the governing body of the
respective municipality.
(h) The revenue derived from any such tax levy shall be used only
for the contributions required under Section 7-172 and, as collected, shall be
paid to the treasurer of the municipality levying the tax. Monies
received by a county treasurer for use in making contributions to a regional
office of education for its
municipality contributions shall be held by him for that purpose and paid to
the regional office of education in the same manner as other
monies appropriated for the expense of the regional office.
(Source: P.A. 96-1084, eff. 7-16-10; 97-933, eff. 8-10-12.)
|
(40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172) Sec. 7-172. Contributions by participating municipalities and participating instrumentalities. (a) Each participating municipality and each participating instrumentality shall make payment to the fund as follows: 1. municipality contributions in an amount determined | ||
| ||
2. an amount equal to the employee contributions | ||
| ||
3. all accounts receivable, together with interest | ||
| ||
4. if it has no participating employees with current | ||
| ||
5. if it has fewer than 7 participating employees or | ||
| ||
(b) A separate municipality contribution rate shall be determined for each calendar year for all participating municipalities together with all instrumentalities thereof. The municipality contribution rate shall be determined for participating instrumentalities as if they were participating municipalities. The municipality contribution rate shall be the sum of the following percentages: 1. The percentage of earnings of all the | ||
| ||
2. The percentage of earnings of the participating | ||
| ||
3. The percentage of earnings of the participating | ||
| ||
4. The percentage of earnings of the participating | ||
| ||
5. The percentage of earnings necessary to meet any | ||
| ||
(c) A separate municipality contribution rate shall be computed for each participating municipality or participating instrumentality for its sheriff's law enforcement employees. A separate municipality contribution rate shall be computed for the sheriff's law enforcement employees of each forest preserve district that elects to have such employees. For the period from January 1, 1986 to December 31, 1986, such rate shall be the forest preserve district's regular rate plus 2%. In the event that the Board determines that there is an actuarial deficiency in the account of any municipality with respect to a person who has elected to participate in the Fund under Section 3-109.1 of this Code, the Board may adjust the municipality's contribution rate so as to make up that deficiency over such reasonable period of time as the Board may determine. (d) The Board may establish a separate municipality contribution rate for all employees who are program participants employed under the federal Comprehensive Employment Training Act by all of the participating municipalities and instrumentalities. The Board may also provide that, in lieu of a separate municipality rate for these employees, a portion of the municipality contributions for such program participants shall be refunded or an extra charge assessed so that the amount of municipality contributions retained or received by the fund for all CETA program participants shall be an amount equal to that which would be provided by the separate municipality contribution rate for all such program participants. Refunds shall be made to prime sponsors of programs upon submission of a claim therefor and extra charges shall be assessed to participating municipalities and instrumentalities. In establishing the municipality contribution rate as provided in paragraph (b) of this Section, the use of a separate municipality contribution rate for program participants or the refund of a portion of the municipality contributions, as the case may be, may be considered. (e) Computations of municipality contribution rates for the following calendar year shall be made prior to the beginning of each year, from the information available at the time the computations are made, and on the assumption that the employees in each participating municipality or participating instrumentality at such time will continue in service until the end of such calendar year at their respective rates of earnings at such time. (f) Any municipality which is the recipient of State allocations representing that municipality's contributions for retirement annuity purposes on behalf of its employees as provided in Section 12-21.16 of the Illinois Public Aid Code shall pay the allocations so received to the Board for such purpose. Estimates of State allocations to be received during any taxable year shall be considered in the determination of the municipality's tax rate for that year under Section 7-171. If a special tax is levied under Section 7-171, none of the proceeds may be used to reimburse the municipality for the amount of State allocations received and paid to the Board. Any multiple-county or consolidated health department which receives contributions from a county under Section 11.2 of "An Act in relation to establishment and maintenance of county and multiple-county health departments", approved July 9, 1943, as amended, or distributions under Section 3 of the Department of Public Health Act, shall use these only for municipality contributions by the health department. (g) Municipality contributions for the several purposes specified shall, for township treasurers and employees in the offices of the township treasurers who meet the qualifying conditions for coverage hereunder, be allocated among the several school districts and parts of school districts serviced by such treasurers and employees in the proportion which the amount of school funds of each district or part of a district handled by the treasurer bears to the total amount of all school funds handled by the treasurer. From the funds subject to allocation among districts and parts of districts pursuant to the School Code, the trustees shall withhold the proportionate share of the liability for municipality contributions imposed upon such districts by this Section, in respect to such township treasurers and employees and remit the same to the Board. The municipality contribution rate for an educational service center shall initially be the same rate for each year as the regional office of education or school district which serves as its administrative agent. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. The municipality contribution rate for a public agency, other than a vocational education cooperative, formed under the Intergovernmental Cooperation Act shall initially be the average rate for the municipalities which are parties to the intergovernmental agreement. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. (h) Each participating municipality and participating instrumentality shall make the contributions in the amounts provided in this Section in the manner prescribed from time to time by the Board and all such contributions shall be obligations of the respective participating municipalities and participating instrumentalities to this fund. The failure to deduct any employee contributions shall not relieve the participating municipality or participating instrumentality of its obligation to this fund. Delinquent payments of contributions due under this Section may, with interest, be recovered by civil action against the participating municipalities or participating instrumentalities. Municipality contributions, other than the amount necessary for employee contributions, for periods of service by employees from whose earnings no deductions were made for employee contributions to the fund, may be charged to the municipality reserve for the municipality or participating instrumentality. (i) Contributions by participating instrumentalities shall be determined as provided herein except that the percentage derived under subparagraph 2 of paragraph (b) of this Section, and the amount payable under subparagraph 4 of paragraph (a) of this Section, shall be based on an amortization period of 10 years. (j) Notwithstanding the other provisions of this Section, the additional unfunded liability accruing as a result of Public Act 94-712 shall be amortized over a period of 30 years beginning on January 1 of the second calendar year following the calendar year in which Public Act 94-712 takes effect, except that the employer may provide for a longer amortization period by adopting a resolution or ordinance specifying a 35-year or 40-year period and submitting a certified copy of the ordinance or resolution to the fund no later than June 1 of the calendar year following the calendar year in which Public Act 94-712 takes effect. (k) If the amount of a participating employee's reported earnings for any of the 12-month periods used to determine the final rate of earnings exceeds the employee's 12-month reported earnings with the same employer for the previous year by the greater of 6% or 1.5 times the annual increase in the Consumer Price Index-U, as established by the United States Department of Labor for the preceding September, the participating municipality or participating instrumentality that paid those earnings shall pay to the Fund, in addition to any other contributions required under this Article, the present value of the increase in the pension resulting from the portion of the increase in reported earnings that is in excess of the greater of 6% or 1.5 times the annual increase in the Consumer Price Index-U, as determined by the Fund. This present value shall be computed on the basis of the actuarial assumptions and tables used in the most recent actuarial valuation of the Fund that is available at the time of the computation. Whenever it determines that a payment is or may be required under this subsection (k), the fund shall calculate the amount of the payment and bill the participating municipality or participating instrumentality for that amount. The bill shall specify the calculations used to determine the amount due. If the participating municipality or participating instrumentality disputes the amount of the bill, it may, within 30 days after receipt of the bill, apply to the fund in writing for a recalculation. The application must specify in detail the grounds of the dispute. Upon receiving a timely application for recalculation, the fund shall review the application and, if appropriate, recalculate the amount due. The participating municipality and participating instrumentality contributions required under this subsection (k) may be paid in the form of a lump sum within 90 days after receipt of the bill. If the participating municipality and participating instrumentality contributions are not paid within 90 days after receipt of the bill, then interest will be charged at a rate equal to the fund's annual actuarially assumed rate of return on investment compounded annually from the 91st day after receipt of the bill. Payments must be concluded within 7 years after receipt of the bill by the participating municipality or participating instrumentality. When assessing payment for any amount due under this subsection (k), the fund shall exclude earnings increases resulting from overload or overtime earnings. When assessing payment for any amount due under this subsection (k), the fund shall exclude earnings increases resulting from payments for unused vacation time, but only for payments for unused vacation time made in the final 3 months of the final rate of earnings period. When assessing payment for any amount due under this subsection (k), the fund shall also exclude earnings increases attributable to standard employment promotions resulting in increased responsibility and workload. When assessing payment for any amount due under this subsection (k), the fund shall exclude reportable earnings increases resulting from periods where the member was paid through workers' compensation. This subsection (k) does not apply to earnings increases due to amounts paid as required by federal or State law or court mandate or to earnings increases due to the participating employee returning to the regular number of hours worked after having a temporary reduction in the number of hours worked. This subsection (k) does not apply to earnings increases paid to individuals under contracts or collective bargaining agreements entered into, amended, or renewed before January 1, 2012 (the effective date of Public Act 97-609), earnings increases paid to members who are 10 years or more from retirement eligibility, or earnings increases resulting from an increase in the number of hours required to be worked. When assessing payment for any amount due under this subsection (k), the fund shall also exclude earnings attributable to personnel policies adopted before January 1, 2012 (the effective date of Public Act 97-609) as long as those policies are not applicable to employees who begin service on or after January 1, 2012 (the effective date of Public Act 97-609). The change made to this Section by Public Act 100-139 is a clarification of existing law and is intended to be retroactive to January 1, 2012 (the effective date of Public Act 97-609). (Source: P.A. 103-464, eff. 8-4-23; 104-284, eff. 8-15-25.) |
(40 ILCS 5/7-172.1) (from Ch. 108 1/2, par. 7-172.1)
Sec. 7-172.1. Actions to enforce payments by municipalities and
instrumentalities. (a) If any participating municipality or participating
instrumentality fails to transmit to the Fund contributions required of it
under this Article or contributions collected by it from its participating
employees for the purposes of this Article for more than
60 days after the payment of such contributions is due, the Fund, after
giving notice to such municipality or instrumentality, may certify to
the State Comptroller the amounts of such delinquent payments in accordance with any applicable rules of the Comptroller, and the
Comptroller shall deduct the amounts so certified or any part thereof
from any payments of State funds to the municipality or instrumentality
involved and shall remit the amount so deducted to the Fund. If State
funds from which such deductions may be made are not available, the Fund
may proceed against the municipality or instrumentality to recover the
amounts of such delinquent payments in the appropriate circuit court.
(b) If any participating municipality fails to transmit to the Fund
contributions required of it under this Article or contributions collected
by it from its participating employees for the purposes of this Article for
more than 60 days after the payment of such contributions is due, the Fund,
after giving notice to such municipality, may certify the fact of such
delinquent payment to the county treasurer of the county in which such
municipality is located, who shall thereafter remit the amounts collected
from the tax levied by the municipality under Section 7-171 directly to
the Fund.
(c) If reports furnished to the Fund by the municipality or
instrumentality involved are inadequate for the computation of the
amounts of such delinquent payments, the Fund may provide for such audit
of the records of the municipality or instrumentality as may be required
to establish the amounts of such delinquent payments. The municipality
or instrumentality shall make its records available to the Fund for the
purpose of such audit. The cost of such audit shall be added to the
amount of the delinquent payments and shall be recovered by the Fund
from the municipality or instrumentality at the same time and in the
same manner as the delinquent payments are recovered.
(Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; 99-642, eff. 7-28-16.)
|
(40 ILCS 5/7-172.2) (from Ch. 108 1/2, par. 7-172.2)
Sec. 7-172.2.
In addition to the payments otherwise required by this
Article, each participating municipality and each participating
instrumentality shall make payment of Social Security contributions and
medicare taxes in the amounts and in the manner provided by law. Each employee shall make contributions for Federal Social Security and medicare taxes, for periods during which he or she is a covered employee, as required by the Social Security Enabling Act and State and federal law.
(Source: P.A. 97-933, eff. 8-10-12.)
|
(40 ILCS 5/7-173) (from Ch. 108 1/2, par. 7-173)
Sec. 7-173. Contributions by employees.
(a) Each participating employee shall make contributions to the fund as
follows:
1. For retirement annuity purposes, normal | ||
| ||
2. Additional contributions of such percentages of | ||
| ||
3. Survivor contributions, by each participating | ||
| ||
(b) (Blank).
(c) Contributions shall be deducted from each corresponding payment
of earnings paid to each employee and shall be remitted to the board by
the participating municipality or participating instrumentality making
such payment. The remittance, together with a report of the earnings
and contributions shall be made as directed by the board. For township
treasurers and employees of township treasurers qualifying as employees
hereunder, the contributions herein required as deductions from salary
shall be withheld by the school township trustees from funds available
for the payment of the compensation of such treasurers and employees as
provided in the School Code and remitted to the board.
(d) An employee who has made additional contributions under
paragraph (a)2 of this Section may upon retirement or at any time prior
thereto, elect to withdraw the total of such additional contributions
including interest credited thereon to the end of the preceding calendar
year, to the extent permitted by the federal Internal Revenue Code of 1986, as now or hereafter amended.
(e) Failure to make the deductions for employee contributions
provided in paragraph (c) of this Section shall not relieve the employee
from liability for such contributions. The amount of such liability may
be deducted, with interest charged under Section 7-209, from any
annuities or benefits payable hereunder to the employee or any other
person receiving an annuity or benefit by reason of such employee's
participation.
(f) A participating employee who has at least 40 years of creditable
service in the Fund may elect to cease making the contributions required
under this Section. The status of the employee under this Article shall be
unaffected by this election, except that the employee shall not receive any
additional creditable service for the periods of employment following the
election. An election under this subsection relieves the employer from
making additional employer contributions in relation to that employee.
(Source: P.A. 97-333, eff. 8-12-11; 97-933, eff. 8-10-12; 98-218, eff. 8-9-13.)
|
(40 ILCS 5/7-173.1) (from Ch. 108 1/2, par. 7-173.1)
Sec. 7-173.1. Additional contribution by sheriff's law enforcement
employees.
(a) Each sheriff's law enforcement employee shall make an additional
contribution of 1% of earnings, which shall be considered as normal
contributions. For earnings on or after July 1, 1988, the additional
contribution shall be 2% of earnings. For earnings on or after the effective date of this amendatory Act of the 94th General Assembly, the additional contribution shall be 3% of earnings; this increase
is intended to defray the employee's portion of the cost of the benefit
increases provided by this amendatory Act of the 94th General Assembly.
This additional contribution shall be payable for retroactive service periods
which the employee elects to establish and to periods of authorized leave of
absence.
(b) If the employee is awarded a retirement annuity under Section
7-142 and not under Section 7-142.1, then the additional contribution required
under this Section shall be refunded with interest or paid as provided in
subsection (c). If the employee returns to a participating status as a
sheriff's law enforcement employee, the employee may repay the amount refunded
with interest and upon subsequent retirement be entitled to a recomputation of
the retirement annuity under Section 7-142.1 if the total service as a
sheriff's law enforcement employee meets the requirements of that Section.
(c) Instead of a refund under subsection (b), the retiring employee may
elect to convert the amount of the refund into an annuity, payable
separately from the retirement annuity. If the annuitant dies before the
guaranteed amount has been distributed, the remainder shall be paid in a lump
sum to the designated beneficiary of the annuitant. The Board shall adopt any
rules necessary for the implementation of this subsection.
(Source: P.A. 94-712, eff. 6-1-06.)
|
(40 ILCS 5/7-173.2) (from Ch. 108 1/2, par. 7-173.2)
Sec. 7-173.2.
Pickup of employee contributions.
(a) Until July 1, 1984, each participating municipality and each
participating instrumentality may elect, for all of its employees, to pick up
the employee contributions required by subparagraphs 1 and 3 of subsection (a)
of Section 7-173 and, in the case of sheriff's law enforcement employees,
required by Section 7-173.1. The pick up may be for employee contributions on
earnings received by employees after December 31, 1981 and shall be applicable
to the contributions on total earnings paid in any month. The decision to pick
up contributions shall be made by the governing body.
Beginning July 1, 1984, the pick up of employee contributions shall cease to
be optional. Each participating municipality and participating instrumentality
shall pick up the employee contributions required by subparagraphs 1 and 3 of
subsection (a) of Section 7-173 and, in the case of sheriff's law enforcement
employees, contributions required by Section 7-173.1, for all compensation
earned after such date.
(b) Contributions that are picked up shall be treated as employer
contributions in determining tax treatment under the United States Internal
Revenue Code. The employee contribution shall be paid from the same source
of funds as is used in payment of earnings to the employee and may not be
paid from funds raised by the tax levy authorized by Section 7-171. The
contributions shall be picked up by a reduction in earnings payment to
employees. Employee contributions that are picked up shall be considered as
earnings under Section 7-114. If a participating municipality or
participating instrumentality fails to report participating employee earnings
which should have been reported to the fund and pays the employee the full
amount of earnings including employee contributions which should have been
picked up and forwarded to the fund, then the employee shall make payment of
the employee contributions to the fund on behalf of employer and such
contributions shall be considered as picked up contributions
if paid in the year the earnings were received, or by January 31st of the
following year, and are reflected as picked up on reports to the Internal
Revenue Service. If they cannot be so reflected, or if received after that
date, they shall not be treated as picked up contributions. Picked up employee
contributions shall be considered as employee contributions in computing
benefits paid under this Article 7.
(c) Subject to the requirements of federal law, an employee may elect to
have the employer pick up optional contributions that the employee has elected
to pay to the Fund, and the contributions so picked up shall be treated as
employer contributions for the purposes of determining federal tax treatment.
The employer shall pick up the contributions by a reduction in the cash salary
of the employee and shall pay the contributions from the same source of funds
that is used to pay earnings to the employee. The employee's election to have
the optional contributions picked up is irrevocable and the optional
contributions may not thereafter be prepaid, by direct payment or otherwise.
(Source: P.A. 90-766, eff. 8-14-98.)
|
(40 ILCS 5/7-174) (from Ch. 108 1/2, par. 7-174)
Sec. 7-174. Board created.
(a) A board of 8 members shall
constitute a board of trustees authorized to carry out the provisions of
this Article. Each trustee shall be a participating employee of a
participating municipality or participating instrumentality or an annuitant
of the Fund and no person shall be eligible to become a trustee after January
1, 1979 who does not have the minimum service credit in this Fund to qualify for a pension.
(b) The board shall consist of representatives of various groups as
follows:
1. 4 trustees shall be a chief executive officer, | ||
| ||
2. 3 trustees shall be employees of a participating | ||
| ||
3. One trustee shall be an annuitant of the Fund, who | ||
| ||
(c) A person elected as a trustee shall qualify as a trustee, after
declaration by the board that he has been duly elected, upon taking and
subscribing to the constitutional oath of office and filing same in the
office of the Fund.
(d) The term of office of each trustee shall begin upon January 1 of
the year following the year in which he is elected and shall continue
for a period of 5 years and until a successor has been elected and
qualified, or until prior resignation, death, incapacity or
disqualification.
(e) Any elected trustee (other than the annuitant trustee) shall be
disqualified immediately upon termination of employment with all participating
municipalities and instrumentalities thereof or upon any change in status which
removes any such trustee from all employments within the group he represents.
The annuitant trustee shall be disqualified upon termination of his or her
annuity.
(e-5) Notwithstanding any other provision, an elected trustee shall not be considered disqualified due to termination of participation under subsection (e) if: (1) he or she thereafter begins participation with | ||
| ||
(2) there is no gap in service credit established | ||
| ||
(3) the trustee continues to meet all eligibility | ||
| ||
(f) The trustees shall fill any vacancy in the board by appointment,
for the period until the next election of trustees, or, if the remaining
term is less than 2 years, for the remainder of the term, and until his
successor has been elected and qualified.
(g) Trustees shall serve without compensation, but shall be
reimbursed for any reasonable expenses incurred in attending meetings of
the board and in performing duties on behalf of the Fund and for the
amount of any earnings withheld by any employing municipality or
participating instrumentality because of attendance at any board
meeting.
(h) Each trustee shall be entitled to
one vote on any and all actions before the board. At least 5 concurring votes
shall be necessary for every decision or action by the board at any of its
meetings. No decision or action shall become effective unless presented and so
approved at a regular or duly called special meeting of the board.
(Source: P.A. 102-479, eff. 8-20-21; 103-464, eff. 8-4-23.)
|
(40 ILCS 5/7-174.5) Sec. 7-174.5. Leaves of absence for trustees. Each participating municipality or instrumentality that employs an employee who is an elected trustee shall make available to the elected trustee at least 20 days of paid leave of absence per year for the purpose of attending meetings of the Board of Trustees, committee meetings of the Board of Trustees, and seminars regarding issues for which the Board of Trustees is responsible. The Fund may reimburse affected participating municipalities and instrumentalities for the actual cost of hiring a substitute employee during such leaves of absence.
(Source: P.A. 102-943, eff. 1-1-23.) |
(40 ILCS 5/7-175) (from Ch. 108 1/2, par. 7-175)
Sec. 7-175. Board elections.
(a) During the period beginning on August 1 and ending on September 15
of each year the board shall accept nominations of candidates for election
to the trusteeships for terms beginning the next January 1, new
trusteeships or vacancies to be filled by election.
(b) All nominations shall be by petition. Three petitions for an
executive trustee shall be signed by governing bodies of contributing
participating municipalities or instrumentalities.
A petition for an
employee trustee shall be signed by at least 350 participating employees
who were participants during July of the current year and who, if their
employment status remained unchanged, would be eligible to vote for such
candidate at the following election.
A petition for an annuitant trustee shall be signed by at least 100 persons
who were annuitants of the Fund during July of the current year and who, if
their annuitant status remains unchanged, would be eligible to vote for the
candidate at the following election.
(c) A separate ballot shall be used for each class of trustee and the
names of all candidates properly nominated in petitions received by the
board shall be placed in alphabetical order upon the proper ballot. Where
two employee trustees are elected to a full term in the same year, there
shall be one election for the two trusteeships and the two candidates
getting the highest number of votes shall be elected.
(d) At any election, each contributing participating municipality and
participating instrumentality and each contributing participating employee
employed by such participating municipality or participating
instrumentality during September of any year, shall be entitled to vote as
follows:
1. The governing body of each such participating | ||
| ||
2. Each participating employee shall have one vote at | ||
| ||
3. Each annuitant of the Fund shall have one vote at | ||
| ||
4. A vote may be cast for a person not on the ballot | ||
| ||
(e) The election shall be by ballot pursuant to the rules and
regulations established by the board and shall be completed by December 31
of the year. The results shall be entered in the minutes of the meeting of
the board following the tally of votes.
(f) In case of a tie vote, the candidate employed by or retired from the
participating municipality or participating instrumentality having the greatest
number of participating employees at the time shall be elected.
(g) Notwithstanding any other provision of this Article, if only one candidate is properly nominated in petitions received by the Board, that candidate shall be deemed the winner. In the case of 2 employee trustees elected to a full term in the same year, if only 2 candidates are properly nominated in petitions received by the Board, those 2 candidates shall both be deemed winners. If a candidate is deemed a winner under this paragraph, no election under this Section or Section 7-175.1 shall be required. (Source: P.A. 98-932, eff. 8-15-14.)
|
(40 ILCS 5/7-175.1) (from Ch. 108 1/2, par. 7-175.1)
Sec. 7-175.1. Election of employee and annuitant trustees.
(a) The board shall prepare and send ballots and ballot envelopes to the
employees and annuitants eligible to vote as of September of that
year. The ballots shall contain the names of all candidates in alphabetical
order and an appropriate place where a name may be written in on
the ballot.
The ballot envelope shall have on the outside a form of certificate stating
that the person voting the ballot is a participating employee or annuitant
entitled to vote.
(b) Employees and annuitants, upon receipt of the ballot, shall vote the
ballot and place it in the ballot envelope, seal the envelope, execute the
certificate thereon and return the ballot to the Fund.
(c) The board shall set a final date for ballot return, and ballots
received prior to that date in a ballot envelope with a
properly executed certificate and properly voted, shall be valid ballots.
(d) The board shall set a day for counting the ballots and
name judges and clerks of election to conduct the count of ballots, and shall
make any rules and regulations necessary for the conduct of the
count.
(e) No election under this Section shall be required if a candidate is deemed the winner under subsection (g) of Section 7-175. (f) Nothing in this Section shall preclude the Board from adopting rules that provide for Internet balloting or phone balloting in addition to election by mail under this Section. An Internet or phone ballot cast in accordance with rules adopted under this subsection shall be a valid ballot. (Source: P.A. 100-935, eff. 1-1-19.)
|
(40 ILCS 5/7-176) (from Ch. 108 1/2, par. 7-176)
Sec. 7-176.
Board officers.
The board shall elect from its members a president, vice president and
secretary, to serve at the board's pleasure. They shall perform the duties
designated by the board and serve without compensation.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-177) (from Ch. 108 1/2, par. 7-177)
Sec. 7-177. Board meetings.
The board shall hold regular meetings at least 4 times in each year and such special meetings
at such other times as may be called by the executive director upon written
notice of at least 3 trustees. At least 5 days' notice of each meeting
shall be given to each trustee. All meetings of the board shall be open to
the public and shall be held in the offices of the board or in any other
place specifically designated in the notice of any meeting.
(Source: P.A. 98-218, eff. 8-9-13.)
|
(40 ILCS 5/7-178) (from Ch. 108 1/2, par. 7-178)
Sec. 7-178.
Board powers and duties.
The board shall have the powers and duties stated in Sections 7-179 to
7-200, inclusive, in addition to such other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-179) (from Ch. 108 1/2, par. 7-179)
Sec. 7-179.
To authorize and suspend annuities.
To authorize or suspend the payment of any annuity or benefit in
accordance with this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-180) (from Ch. 108 1/2, par. 7-180)
Sec. 7-180.
To prepare and approve budget.
To prepare and approve, prior to the beginning of each calendar year, a
budget of operating expenses for such year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-181) (from Ch. 108 1/2, par. 7-181)
Sec. 7-181.
To subpoena witnesses.
To compel witnesses to attend meetings and to testify upon any necessary
matter concerning the fund and allow fees not in excess of $10 to any such
witness for such attendance upon any one day.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-182) (from Ch. 108 1/2, par. 7-182)
Sec. 7-182.
To authorize municipality contribution rates and adopt actuarial tables and
interest rates.
To authorize municipality contribution rates and adopt actuarial tables
and establish effective and prescribed rates of interest.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-183) (from Ch. 108 1/2, par. 7-183)
Sec. 7-183.
To request information.
To request such information from any participating or covered employee
or from any participating or covered municipality or instrumentality
thereof or participating instrumentality as is necessary for the proper
operation of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-184) (from Ch. 108 1/2, par. 7-184)
Sec. 7-184.
To determine prior service.
To determine the length of prior service from such information as is
available. Any such determination shall be conclusive as to any such period
of service, unless the board reconsiders the case and changes the
determination.
The change to this Section made by this amendatory Act of the 91st General
Assembly applies without regard to whether the individual is in service on or
after the effective date of this amendatory Act.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/7-185) (from Ch. 108 1/2, par. 7-185)
Sec. 7-185.
To establish offices.
To establish an office or offices with suitable space for meetings of
the board and for use of the necessary administrative personnel. All books
and records of the fund shall be kept in such office or offices or in such
other places as the board shall designate for safekeeping.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-186) (from Ch. 108 1/2, par. 7-186)
Sec. 7-186.
To appoint executive director.
To appoint an executive director to manage the office and carry out the
technical administrative duties of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-187) (from Ch. 108 1/2, par. 7-187)
Sec. 7-187.
To appoint actuary.
To appoint an actuary to perform all the necessary actuarial
requirements of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-188) (from Ch. 108 1/2, par. 7-188)
Sec. 7-188.
To appoint investment counsel.
To appoint such investment counsel as, in the opinion of the board, may
be required from time to time.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-189) (from Ch. 108 1/2, par. 7-189)
Sec. 7-189.
To obtain additional services.
To obtain by employment or by contract such additional actuarial
services and such legal, medical, clerical or other services as is required
for the efficient administration of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-190) (from Ch. 108 1/2, par. 7-190)
Sec. 7-190.
To fix compensation of employees.
To determine and fix the rate of compensation to be paid to the
executive director, actuary, investment counsel, auditor, legal or medical
counsel, and employees.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-191) (from Ch. 108 1/2, par. 7-191)
Sec. 7-191. To have accounts audited.
To have the accounts of the fund audited annually by a certified public
accountant.
(Source: P.A. 102-210, eff. 1-1-22.)
|
(40 ILCS 5/7-192) (from Ch. 108 1/2, par. 7-192)
Sec. 7-192.
To submit annual statements.
To submit an annual statement to the governing body of each
participating municipality and governing body of each participating
instrumentality and to any participating employee upon request, as soon
after the end of each calendar year as possible. The statement shall
include the following:
a. A balance sheet, showing the financial and actuarial condition of the
fund as of the end of the calendar year;
b. A statement of receipts and disbursements during such year;
c. A statement showing changes in the asset, liability, reserve and
surplus accounts during such year;
d. A detailed statement of investments as of the end of such year;
e. Such additional statistics as are deemed necessary for a proper
interpretation of the condition of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-193) (from Ch. 108 1/2, par. 7-193)
Sec. 7-193.
To provide individual statements.
To submit an individual statement to any participating employee upon his
reasonable request. The statement shall indicate the amount of
accumulations of each type to the employee's credit, as of the latest date
practicable.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-194) (from Ch. 108 1/2, par. 7-194)
Sec. 7-194.
To accept gifts.
To accept any gift, grant or bequest of any money or securities for the
purposes designated by the grantor if such purpose is specified as
providing cash benefits to some or all of the participating employees or
annuitants of this fund, or if no such purposes are designated, for the
purpose of distribution to all the participating employees at the end of
the year in the same proportion as the interest at the effective rate is
allocated for the year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-195) (from Ch. 108 1/2, par. 7-195)
Sec. 7-195.
To make investments.
To determine the limitations on the amounts of cash to be invested in
order to maintain such cash balances as may be deemed advisable to meet
current annuity, benefit and expense requirements, and invest the available
cash within these limits in securities, in accordance with Section 7-201.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-195.1) (from Ch. 108 1/2, par. 7-195.1)
Sec. 7-195.1. To establish and maintain a revolving account. To establish and maintain a revolving account in a bank or savings and
loan association, approved by the
State Treasurer as a State depositary and having capital funds, represented
by capital, surplus, and undivided profits, of at least 5 million dollars,
for the purpose of making payments of annuities, benefits, and
administrative expenses and payments to the State Agency provided in
Section 7-170. All funds deposited in such account shall be placed in the
name of the Fund and shall be withdrawn only by a check or draft upon the
bank or savings and loan association signed by the president of the
board or the executive director, as the
board may direct. In case the president or executive director, whose
signature appears upon any check or draft, after attaching his signature
ceases to hold office before the delivery thereof to the payee, his
signature nevertheless shall be valid and sufficient for all purposes with
the same effect as if he had remained in office until delivery thereof. The
revolving account shall be created by resolution of the board. The monies in the revolving account shall
be held and expenditures shall be made by the Fund for the purposes herein
set forth. The Fund shall reimburse the revolving account for expenditures
for such purposes.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act, as now or hereafter
amended. The limitations set forth in such Section 6 shall be applicable
only at the time of investment and shall not require the liquidation of
any investment at any time.
(Source: P.A. 99-8, eff. 7-9-15.)
|
(40 ILCS 5/7-196) (from Ch. 108 1/2, par. 7-196)
Sec. 7-196.
To keep data.
To keep in convenient form the data necessary for all required
calculations and valuations as required by the actuary.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-197) (from Ch. 108 1/2, par. 7-197)
Sec. 7-197.
To keep permanent records.
To keep a permanent record of all the proceedings of the board and such
other records as shall be necessary or desirable for administration of the
Fund. For the protection of participating employees and their
beneficiaries, the Board, the Executive Director, and its agents and
employees are prohibited from disclosing the contents of an employee's
files, records, papers or communications relating to individual employees,
except for purposes directly connected with the administration of the Fund.
In any judicial or administrative proceeding except as such proceeding is
directly concerned with the administration of the Fund, such files,
records, papers and communications shall be deemed privileged
communications. The proceedings of the Board and reports of participating
municipalities and instrumentalities shall be public records open to
inspection.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7-197.1) (from Ch. 108 1/2, par. 7-197.1)
Sec. 7-197.1.
To reproduce records.
To have any records kept by the board photographed, microfilmed or
otherwise reproduced on film. The photographs, microfilm and reproductions
shall be deemed original records and documents for all purposes, including
introduction in evidence before all courts and administrative agencies.
(Source: P.A. 76-1820.)
|
(40 ILCS 5/7-198) (from Ch. 108 1/2, par. 7-198)
Sec. 7-198.
To make rules.
To establish such rules and regulations not inconsistent with the other
provisions of this Article as are necessary or desirable for the efficient
administration of the fund, including, without limitation, the time and
manner of reporting and making contributions by participating
municipalities and participating instrumentalities.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-199) (from Ch. 108 1/2, par. 7-199)
Sec. 7-199.
To appoint committees.
To appoint committees of 3 or more trustees to perform such functions as
may be directed by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-199.1) (from Ch. 108 1/2, par. 7-199.1)
Sec. 7-199.1.
To administer a joint group accident and health
insurance program in accordance with this Section.
(a) The board may purchase and administer a joint group accident and
health insurance policy as defined in Section 4 of the "Illinois Insurance
Code", approved June 29, 1937, as amended, for the benefit of one or more
classes of employees or retired employees of participating municipalities
and participating instrumentalities, or their spouses or surviving
spouses.
(b) All participating municipalities and participating instrumentalities
are hereby authorized to participate in any such joint group accident and
health insurance policy established under this Section.
(c) The board may promulgate such rules as may be necessary or
convenient relating to the purchase and administration of any such policy,
and to the conditions and terms of participation therein and withdrawal
therefrom by participating municipalities and participating instrumentalities.
(d) Any monies received by the board relating to its duties under this
Section shall not be deemed contributions to or assets of the fund, and all
such monies shall be held by the board in a separate account.
(e) The board shall submit an annual report of its activities under this
Section to each municipality and instrumentality participating in a policy
administered under this Section.
(f) The group accident and health insurance program established under
this Section is not and shall not be construed to be a pension or retirement
benefit for purposes of Section 5 of Article XIII of the Illinois Constitution
of 1970.
(Source: P.A. 84-812.)
|
(40 ILCS 5/7-199.2) (from Ch. 108 1/2, par. 7-199.2)
Sec. 7-199.2.
To determine unfunded liability.
To cause to be
actuarially determined the unfunded liability existing in the Fund as of the
date provided by subsection (c) of Section 5-1 of the School Code by reason
of annuities and other benefits payable and to become payable from the Fund
to persons specified in that subsection with respect to periods of service
ending on or before that date, to report the amount so determined to each
school board required under that subsection to pay a proportionate share of
that amount to the Fund, and to receive and apply in accordance with this
Article all amounts so paid to the Fund by those school boards.
(Source: P.A. 87-473.)
|
(40 ILCS 5/7-199.3)
Sec. 7-199.3.
To establish and administer deferred compensation and
tax-deferred annuity programs for units of local government.
The Board may establish and administer deferred compensation, tax deferred
annuity, and similar tax-savings programs for employees of units of local
government, which shall be known as the "IMRF-Plus" program. The program shall
provide for the Board to review proposed investment offerings and shall require
that only investments determined to be acceptable by the Board may be used for
investing compensation contributed to the program.
The program shall include appropriate provisions pertaining to its day to day
operation, including methods of electing to contribute income, methods of
changing the amount of income contributed, methods of selecting from among
investment options available under the program, and any other provisions that
the Board may deem appropriate.
The program shall provide for the preparation of pamphlets describing the
program and outlining the options and opportunities available to local
government employees under the program. These pamphlets shall be distributed
from time to time to all eligible employees.
The program established under this Section shall not be implemented or
amended until the Board is satisfied that compensation contributed under the
program is not subject to income tax for the year in which it is earned and
that the taxation of such compensation will be deferred until the time of its
distribution to the employee.
The program shall also provide for the recovery of the expenses of its
administration by charging those expenses against the earnings from
investments, by charging fees equitably prorated among the participating local
government employees, or by some other appropriate and equitable method
determined by the Board. Different methods for recovery of administrative
expenses may be provided in relation to different types of investment programs,
and the Board may provide for the allocation of administration expenses among
varying types of programs for this purpose.
The Board shall review and oversee the administration of the program.
This Section does not limit the power or authority of any unit of local
government, school district, or institution supported in whole or in part by
public funds to establish and administer any other deferred compensation plans
or tax-deferred annuity programs that may be authorized by law.
(Source: P.A. 90-448, eff. 8-16-97.)
|
(40 ILCS 5/7-200) (from Ch. 108 1/2, par. 7-200)
Sec. 7-200.
To carry on other duties.
To carry on generally any other reasonable activities, including,
without limitation, the making of administrative decisions on participation
and coverage, which are necessary for carrying out the intent of this fund
in accordance with the provisions of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-201) (from Ch. 108 1/2, par. 7-201)
Sec. 7-201.
The assets of the fund in excess of the amount of
cash required for current operation as determined by the board shall be
invested, subject to the requirements and restrictions set forth in Sections
1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114 and 1-115 of this Code.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain
investments of public funds by public agencies", approved July 23, 1943, as
now or hereafter amended. The limitations set forth in such Section 6
shall be applicable only at the time of investment and shall not require
the liquidation of any investment at any time.
The board may sell any security belonging to the fund at any time in
its judgment that it is necessary or desirable to do so.
The board shall have the authority to enter into such agreements and to
execute such documents as it determines to be necessary to complete any
investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities or the
holding of interests in real property in its own name or in the name of a
nominee created for the express purpose of registration of securities or
the holding of interests in real property by a savings and loan
association or national or State bank or trust company authorized to
conduct a trust business in the State of Illinois. The
board may hold title to interests in real property in the name of the Fund
or in the name of a title holding corporation created for the express
purpose of holding title to interests in real property.
Investments shall be carried at cost or at a book value in accordance with
generally accepted accounting principles and accounting procedures approved
by the board.
The book value of investments held by any pension fund or retirement system
in one or more commingled investment accounts shall be the cost of its units
of participation in such commingled account or accounts as recorded on the
books of the board.
(Source: P.A. 89-136, eff. 7-14-95.)
|
(40 ILCS 5/7-201.1) (from Ch. 108 1/2, par. 7-201.1)
Sec. 7-201.1.
Participation in commingled investment funds-Transfer of
investment functions and securities.
(a) The retirement board may invest in any commingled investment fund or
funds established and maintained by the Illinois State Board of Investment
under the provisions of Article 22A of this Code. The book value of all
commingled equity participations plus the book value of other stock
investments owned by this system shall not exceed the maximum permissible
percentage rate for equity investments prescribed in Section 7-201. All
commingled fund participations shall be subject to the law governing the
Illinois State Board of Investment and the rules, policies and directives
of that Board.
(b) The retirement board may, by resolution duly adopted by a majority
vote of its membership, transfer to the Illinois State Board of Investment
created by Article 22A of this Code, for management and administration, all
investments owned by the Fund of every kind and character. Upon completion
of such transfer, the authority of the retirement board to make investments
shall terminate. Thereafter, all investments of the reserves of the Fund
shall be made by the Illinois State Board of Investment in accordance with
the provisions of Article 22A of this Code.
Such transfer shall be made not later than the first day of the fourth
month next following the date of such resolution. Before such transfer an
audit of such investments shall be completed by a certified public
accountant selected by the Illinois State Board of Investment and approved
by the Auditor General of the State of Illinois. The expense of such audit
shall be defrayed by the retirement board.
(Source: P.A. 78-645.)
|
(40 ILCS 5/7-202) (from Ch. 108 1/2, par. 7-202)
Sec. 7-202.
Accounts.
An adequate system of accounts shall be kept in accordance with
generally accepted accounting and sound actuarial principles. The accounts
and reserves designated in Section 7-203 to 7-208, inclusive, shall be
maintained.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-203) (from Ch. 108 1/2, par. 7-203)
Sec. 7-203.
Employee reserves.
Separate reserves shall be maintained for each participating employee in
such detail as is necessary to administer all benefits provided herein, and
to segregate accurately the separate liabilities of each participating
municipality and its instrumentalities, or of any participating
instrumentality, with respect to each participating employee.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-204) (from Ch. 108 1/2, par. 7-204)
Sec. 7-204.
Municipality reserves.
(a) Except as provided in paragraph (b) of this Section, each
participating municipality and its instrumentalities, and each
participating instrumentality, shall be treated as an independent unit
within the fund, except that if it has any sheriff's law enforcement
employees, it shall be treated as 2 independent units, one
for its sheriff's law enforcement employees and the second for its other
employees. Separate municipality reserves shall be maintained in such form
and detail as is necessary to show the net accumulated balances of each
municipality, created or arising under this Article.
(b) In the event of termination and dissolution of any participating
municipality or participating instrumentality and its obligations are not
assumed or transferred by law to another municipality, any net debit or
credit balance remaining in the reserve account of such municipality, or
participating instrumentality, shall be transferred to a Terminated
Municipality Reserve Account which shall be used to fund any future
benefits of its employees arising out of service with the terminated
municipality or participating instrumentality.
Any deficiency arising in the Terminated Municipality Reserve Account
shall be eliminated by a contribution by all remaining municipalities and
participating instrumentalities at a uniform percent of payroll, to be
determined, collected with other contributions required under Section 7-172.
(c) The municipality reserve for each municipality or participating
instrumentality that has any sheriff's law enforcement
employees shall be divided into 2
reserves. A reserve for the sheriff's law enforcement employees shall be
allocated an amount in the same proportion to the total amount in reserve
as the total number of sheriff's law enforcement employees is to the total
participating employees of the municipality or participating
instrumentality
at that date. The remainder shall be
allocated to the reserve for other employees.
(Source: P.A. 87-740.)
|
(40 ILCS 5/7-205) (from Ch. 108 1/2, par. 7-205)
Sec. 7-205. Reserves for annuities. Appropriate reserves shall be created
for payment of all annuities
granted under this Article at the time such annuities are granted and in
amounts determined to be necessary under actuarial tables adopted by the
Board upon recommendation of the actuary of the fund. All annuities payable
shall be charged to the annuity reserve.
1. Amounts credited to annuity reserves shall be derived by transfer of
all the employee credits from the appropriate employee reserves and by
charges to the municipality reserve of those municipalities in which the
retiring employee has accumulated service. If a retiring employee has
accumulated service in more than one participating municipality or
participating instrumentality, the municipality charges for non-concurrent service shall be calculated as follows: (A) for purposes of calculating the annuity reserve, | ||
| ||
(B) the difference between the municipality charges | ||
| ||
Aggregate municipality charges for concurrent service shall be prorated based on the employee's earnings. The municipality charges for retirement annuities calculated under subparagraph a. of paragraph 1. of subsection (a) of Section 7-142 shall be prorated based on actual contributions.
2. Supplemental annuities shall be handled as a separate annuity and
amounts to be credited to the annuity reserve therefor shall be derived in
the same manner as a regular annuity.
3. When a retirement annuity is granted to an employee with a spouse
eligible for a surviving spouse annuity, there shall be credited to the
annuity reserve an amount to fund the cost of both the retirement and
surviving spouse annuity as a joint and survivors annuity.
4. Beginning January 1, 1989, when a retirement annuity is awarded, an
amount equal to the present
value of the $3,000 death benefit payable upon the death of the annuitant
shall be transferred to the annuity reserve from the appropriate
municipality reserves in the same manner as the transfer for annuities.
5. All annuity reserves shall be revalued annually as of December 31.
Beginning as of December 31, 1973, adjustment required therein by such
revaluation shall be charged or credited to the earnings and experience
variation reserve.
6. There shall be credited to the annuity reserve all of the
payments
made by annuitants under Section 7-144.2, plus an
additional amount from the
earnings and experience variation reserve to fund the cost of the
incremental annuities granted to annuitants making these payments.
7. As of December 31, 1972, the excess in the annuity reserve shall be
transferred to the municipality reserves. An amount equal to the deficiency
in the reserve of participating municipalities and participating
instrumentalities which have no participating employees shall be allocated
to their reserves. The remainder shall be allocated in amounts
proportionate to the present value, as of January 1, 1972, of annuities of
annuitants of the remaining participating municipalities and participating
instrumentalities.
(Source: P.A. 97-319, eff. 1-1-12; 97-609, eff. 1-1-12; 97-813, eff. 7-13-12.)
|
(40 ILCS 5/7-205.1) (from Ch. 108 1/2, par. 7-205.1)
Sec. 7-205.1.
Reserves for Disability Benefits.
A temporary and total and permanent disability benefit reserves shall be
created for payment of all temporary and total and permanent disability
benefits.
1. Amounts to fund the cost of total and permanent disability benefits
shall be established at the time such benefits are granted under actuarial
tables adopted by the Board upon recommendation of the Actuary of the Fund.
All total and permanent disability benefits payable shall be charged to
this reserved amount.
2. Temporary disability benefit payments shall be charged to the
disability reserve when made.
3. Amounts credited to the disability reserve shall be derived from
municipality contributions made pursuant to Section 7-172, paragraph (b),
subparagraph 3.
4. The total and permanent disability reserve shall be revalued annually
as of December 31. Any adjustment required therein by such revaluation
shall be charged or credited to the earnings and experience variation
reserve.
(Source: P.A. 77-2121.)
|
(40 ILCS 5/7-206) (from Ch. 108 1/2, par. 7-206)
Sec. 7-206.
Death Reserve.
All death benefit payments shall be charged
to the Death Reserve, other than $3,000 death benefits paid after December
31, 1988 upon the death of an annuitant. All
contributions for death purposes under Section 7-172(b)4 shall be
credited to the same reserve. Whenever the balance in such reserve at the
close of a year exceeds 100% of the average annual charges to this account
during the 3 preceding calendar years, the basic actuarial assumptions upon
which municipality contribution rates for these purposes are based, shall
be reviewed and revised in such manner as is deemed necessary to reduce
such balance.
(Source: P.A. 89-136, eff. 7-14-95.)
|
(40 ILCS 5/7-207.1) (from Ch. 108 1/2, par. 7-207.1)
Sec. 7-207.1.
Reserve For Variation In Benefit Payments.
A Reserve for Variation in Benefit Payments may be established.
1. Credits to such Reserve shall consist of:
(a) Any employee contributions,
not in excess of $10.00, received by
the Fund subsequent to claim for and payment of a separation refund,
provided, however, that upon request of any employee rightfully entitled
thereto the aforesaid amount shall be paid him from this Reserve.
(b) Any benefit checks or warrants issued and outstanding more than
two years.
(c) Any balances in Employee or Municipality Reserves that are not
properly creditable to those Reserves.
2. Charges to such Reserve shall consist of:
(a) Benefit claims properly payable under this Article, the reserves
for which have been previously transferred to this reserve or for which
no reserves exist.
(b) Benefit overpayments deemed uncollectible by the Board.
(c) Amount required to adjust employee or municipal reserves to
correct balance.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/7-208) (from Ch. 108 1/2, par. 7-208)
Sec. 7-208.
Earnings and experience variation reserve.
One
earnings and experience variation reserve shall be maintained. All other
accounts for this purpose shall be abolished upon the effective date of this
amendatory Act of 1995. Moneys in abolished reserve accounts shall be
transferred to the earnings and experience variation reserve. No more than
one-half of all interest income and earnings on investments of whatever type,
including realized gains on disposition of investments and unrealized
gains in market value, shall be credited thereto. All investment earnings
expense of whatever type, including realized losses on disposition of
investments and unrealized losses in market value, shall be charged
thereto. All administrative expenses directly relating to investments may be
charged thereto. Excess or deficiencies in the annuity and disability reserves
shall be charged or credited to this reserve. Whenever a balance exists in
such reserve, it shall be included in the basis used for determining the
effective interest rate. The
balance in the reserve shall be distributed as of the end of each year, but a
contingency balance of not more than twice the projected interest requirement
for the next year may be maintained.
If the balance ever exceeds twice the projected requirement, the excess shall
be distributed to municipality reserves.
If the Board determines that the funds available in this reserve, after
required transfers, will not be sufficient to provide administrative expenses
of the fund, the Board may include in the municipality contribution rate
authorized by Section 7-172 a percentage of earnings on the earnings of
all participating employees to provide an amount required for the
administrative expenses.
Upon adoption of generally accepted accounting procedures that allow for
the recognition of unrealized gains or losses in market value, those gains or
losses shall be allocated to employer accounts including the earnings and
experience variation reserve in the same proportion those accounts were to
total assets prior to the implementation of market value accounting.
(Source: P.A. 89-136, eff. 7-14-95.)
|
(40 ILCS 5/7-209) (from Ch. 108 1/2, par. 7-209)
Sec. 7-209.
Earnings and Interest.
(a) Balances at the beginning of each year which remain in employee
reserves at the end of the year shall be credited with interest annually at
the prescribed rate.
(b) Municipality reserves shall be charged or credited, as the case may
be, with interest at the prescribed rate applied to the balance therein at
the beginning of the year.
(c) Municipality accounts receivable shall be charged with interest at a
rate of 1/2% per month before July 1, 1984, and 1% per month thereafter
on the balance therein unpaid one month or more. The
unpaid balance shall include charges established retroactively because of
failure of the municipality to report amounts which should be receivable.
Credit balances shall be disregarded in this calculation.
(d) The annuity total and permanent disability reserves shall be
credited with interest at the prescribed rate at the end of each year. For
purposes of this computation, the prescribed rate shall be applied to the
balances therein at the beginning of the year.
(e) Amounts credited or charged under subsection (a), (b), (c), or
(d) of
this Section shall be charged or credited to the earnings and experience
variation reserve. Any remaining balance, in excess of the contingency
balance established, shall be transferred to the municipality reserves in
proportion to present values of the annuities of the annuitants of each
participating municipality and participating instrumentality plus the
balance in their municipality reserve.
(f) The Board shall fix the rate of interest, to be charged on back,
retroactive, or reinstatement contributions.
(Source: P.A. 89-136, eff. 7-14-95.)
|
(40 ILCS 5/7-210) (from Ch. 108 1/2, par. 7-210)
Sec. 7-210. Funds. (a) All money received by the board shall immediately be deposited with the custodian for the account of the Fund, or in the case of
funds received under Section 7-199.1, in a separate account maintained for
that purpose. All payments from the accounts of the Fund
shall be made by the custodian only, and only by a check or draft signed by the president of the
board or the executive director, as the
board may direct. Such checks and drafts shall be drawn only upon proper authorization by the
board as properly recorded in the official minute books of the meetings
of the board.
(b) (Blank).
(c) The assets of the Fund shall be invested as one fund, and no
particular person, municipality, or instrumentality thereof or
participating instrumentality shall have any right in any specific
security or in any item of cash other than an undivided interest in the
whole.
(d) Except as provided in subsection (d-5), whenever any employees of a municipality or participating
instrumentality have been or shall be excluded from participation in
this Fund by virtue of the application of paragraph b of Section 7-109
(2), the board shall issue a check or draft in an amount
equal to the accumulated contributions of such employees. Such check or draft
shall be drawn in favor of the pension or retirement fund
in which such employees have or shall become participants. Such transfer
shall terminate any further rights of such employees under this Fund.
(d-5) Upon creation of a newly established Article 3 police pension fund by referendum under Section 3-145 or by census under Section 3-105, the following amounts shall be transferred from this Fund to the new police pension fund, within 30 days after an application therefor is received from the new pension fund: (1) the amounts actually contributed to this Fund as | ||
| ||
(2) an amount representing employer contributions, | ||
| ||
This transfer
terminates any further rights of such police officers in this Fund arising out of their service as police officers of the municipality that is establishing the new pension fund. (e) If a participating instrumentality terminates participation
because it fails to meet the requirements of Section 7-108, it shall
pay to the Fund the amount equal to any net debit balance in its
municipality reserve account and account receivable. Its successors, and
assigns and transferees of its assets shall be obligated to make this
payment to the extent of the value of assets transferred to them. The
Fund shall pay an amount equal to any net credit balance to the
participating instrumentality, its successors or assigns. Any remaining
net debit or credit balance not collectible or payable shall be
transferred to the terminated municipality reserve account. The Fund
shall pay to each employee of the participating instrumentality an
amount equal to his credits in the employee reserves. The employees
shall have no further rights to any benefits from the Fund, except that
annuities awarded prior to the date of termination shall continue to be
paid.
(Source: P.A. 98-729, eff. 7-26-14; 99-8, eff. 7-9-15.)
|
(40 ILCS 5/7-211) (from Ch. 108 1/2, par. 7-211)
Sec. 7-211. Authorizations.
(a) Each participating municipality and instrumentality thereof and
each participating instrumentality shall:
1. Deduct all normal and additional contributions and | ||
| ||
2. Pay to the board contributions required by this | ||
| ||
(b) Each participating employee shall, by virtue of the payment of
contributions to this fund, receive a vested interest in the annuities
and benefits provided in this Article and in consideration of such vested
interest shall be deemed to have agreed and authorized the deduction from
earnings of all contributions payable to this fund in accordance with this
Article.
(c) Payment of earnings less the amounts of contributions provided in
this Article and in the Social Security Enabling Act shall be a full
and complete discharge of all claims for payment for services rendered
by any employee during the period covered by any such payment.
(d) Any covered annuitant may authorize the withholding of all or a portion
of his or her annuity, for the payment of premiums on group accident and health
insurance provided pursuant to Section 7-199.1. The annuitant may revoke
this authorization at any time.
(Source: P.A. 96-1084, eff. 7-16-10.)
|
(40 ILCS 5/7-212) (from Ch. 108 1/2, par. 7-212)
Sec. 7-212.
Executive director.
The executive director shall be in charge of the general administration
of the fund. He shall have such special powers and duties as may be
properly delegated or assigned by the board from time to time. Such general
administrative duties shall include: the computation of the amounts of
annuities, benefits, prior service credits and contributions required for
reinstatement of credits for board consideration; the processing of
approved benefit claims and expenses of administration for payment; the
placing of any and all matters before the board which require action or are
in the interest of the board or the fund; the preparation and maintenance
of necessary and proper records for administrative and actuarial purposes;
the conduct of any necessary or desirable communications in the course of
operations of the fund; and the carrying out of any actions of the board
which are so delegated.
(Source: P.A. 77-2121.)
|
(40 ILCS 5/7-213) (from Ch. 108 1/2, par. 7-213)
Sec. 7-213.
Actuary.
The actuary shall be the technical advisor of the board and in addition
to general advice shall specifically be responsible for and shall:
1. Make a general investigation, at least once every 3 years, of the
experience of the participating municipalities and participating
instrumentalities as to mortality, disability, retirement, separation,
marital status of employees, marriage of surviving spouses, interest and
employee earnings rates and to make recommendations as a result of any such
investigation as to:
a. The actuarial tables to be used for computing annuities and benefits
and for determining the premiums for disability and death benefit purposes;
b. The tables to be used in any regular actuarial valuations; and
c. The prescribed rate of interest.
2. Make the computations of municipality obligations, contribution rates
including annual valuations of the liabilities and reserves for present and
prospective annuities and benefits, and certify to the correctness thereof;
3. Recommend the effective rate of interest to be applicable to each
year;
4. Advise the board on any matters of an actuarial nature affecting the
fund.
(Source: P.A. 77-2121.)
|
(40 ILCS 5/7-214) (from Ch. 108 1/2, par. 7-214)
Sec. 7-214. Custodian. The Board shall appoint one or more custodians to receive and hold the assets of the Fund on such terms as the Board may agree.
(Source: P.A. 99-8, eff. 7-9-15.)
|
(40 ILCS 5/7-215) (from Ch. 108 1/2, par. 7-215)
Sec. 7-215.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code
as now enacted or hereafter amended is hereby adopted and made a part of
this Article. The additional cost of annuities resulting from awards made
under Section 20-122 of this Code, in excess of employee contributions made
under that Section, shall be financed by a uniform contribution rate paid
by all municipalities and participating instrumentalities with other
contributions under Section 7-172. If a person is qualified for an annuity
under such Act, the Fund may make payments of less than $10 per month,
notwithstanding the limitations set forth in this Article.
(Source: P.A. 78-896.)
|
(40 ILCS 5/7-217) (from Ch. 108 1/2, par. 7-217) Sec. 7-217. Payment of benefits and assignments. (a) Except as otherwise provided in this Section, all moneys in the Fund created by this Article, and all securities and other property of the Fund, and all annuities and other benefits payable under this Article, and all accumulated contributions and other credits of employees in this Fund, and the right of any person to receive an annuity or other benefit under this Article, or a refund or return of contributions, shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process, in bankruptcy or otherwise, nor to sale, pledge, mortgage or other alienation, and shall not be assignable. Notwithstanding Section 1-103.1, the changes in this Section made by this amendatory Act of 1991 shall not be limited to persons in service on or after its effective date. All annuities and other benefits payable under this Fund and all accumulated credits of employees in the Fund shall be exempt from state and municipal taxes. (b) The board, in its discretion, may: 1. Pay to the wife of any annuitant or employee such | ||
| ||
2. Where a temporary or total and permanent | ||
| ||
3. Pay amounts payable to a minor or person under | ||
| ||
(c) The board may retain out of any annuity or benefit payable to any person such amount or amounts as the board may determine are owing to the fund because required employee contributions were not made, in whole or in part, or employee obligations to return refunds were not made, or because money was paid to any annuitant or employee through misrepresentation, fraud or error. (d) The board and the fund shall be held free from any liability for any money retained or paid in accordance with this section and the employee shall be assumed to have assented and agreed to any such disposition of money due. (e) An annuitant entitled to receive an annuity may, for personal reasons and without disclosure thereof, request the board in writing to suspend for any period payment of all or any part of such annuity otherwise payable hereunder. The board, on receipt of such request, shall authorize such suspension, in which event the annuitant shall be deemed to have forfeited all rights to the amount of annuity so suspended, but shall retain the right to have full annuity otherwise payable reinstated as to future monthly payments upon written notice to the board of his desire to revoke his prior request for a suspension under this paragraph. (f) The board may reimburse any municipality or participating instrumentality for employee contributions due such municipality or participating instrumentality, from funds withheld by the board pursuant to this Section. (g) An annuitant may authorize the withholding of a portion of his annuity for payment to any labor organization designated by the annuitant; however, no portion of annuities may be withheld pursuant to this subsection for payment to any one labor organization unless a minimum of 100 annuitants authorize such withholding, except that the Board may allow such withholding for less than 100 annuitants during a probationary period of between 3 and 6 months, as determined by the Board. The Board shall prescribe a form for the authorization of such withholding, and shall provide such forms to employees, annuitants and labor organizations upon request. Amounts withheld by the Board under this subsection shall be promptly paid over to the designated organizations.(Source: P.A. 104-284, eff. 1-1-26.) |
(40 ILCS 5/7-218) (from Ch. 108 1/2, par. 7-218)
Sec. 7-218.
Compulsory retirement.
No provision of this Article shall operate to cause compulsory
retirement of any employee, nor to give any employee any specific right to
remain in service. Separations and retirements from the service of a
municipality or participating instrumentality shall be made in accordance
with the currently existing practices of the respective municipalities and
participating instrumentalities.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
Sec. 7-219. Felony conviction.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants entering service subsequent to July 9, 1955 shall be
deemed to have consented to the provisions of this Section as a condition
of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/7-220) (from Ch. 108 1/2, par. 7-220)
Sec. 7-220. Administrative review. The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted
pursuant thereto shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the retirement board provided
for under this Article. The term "administrative decision" is as defined in
Section 3-101 of the Code of Civil Procedure. The venue for actions brought under the Administrative Review Law shall be any county in which the Board maintains an office or the county in which the member's employing participating municipality or participating instrumentality has its main office.
(Source: P.A. 96-1140, eff. 7-21-10; 97-933, eff. 8-10-12.)
|
(40 ILCS 5/7-221) (from Ch. 108 1/2, par. 7-221)
Sec. 7-221.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7-222) (from Ch. 108 1/2, par. 7-222)
Sec. 7-222.
Reduction of disability and survivor's benefits on
account of corresponding benefits payable under the Workers'
Compensation Act and the Workers' Occupational Diseases Act. Whenever
any person is entitled to a disability or survivors benefit under this
Article and to benefits under the Workers' Compensation Act or the
Workers' Occupational Diseases Act in relation to the same injury or
disease, the monthly benefits payable under this Article shall be
reduced by the amount of any such benefits payable under either of those
Acts, except payments for medical, surgical and hospital services,
non-medical remedial care and treatment rendered in accordance with a
religious method of healing recognized by the laws of this State, and
for artificial members or appliances, and fixed statutory payments for
the loss of or the permanent and complete loss of the use of any bodily
member, provided that the monthly benefit payable under this Article
shall not be reduced to less than $10 per month. If the benefits
deductible under this paragraph are stated in a weekly amount, the
monthly amount for the purposes of this Section shall be 4 1/3 times the
weekly amount.
(Source: P.A. 81-992.)
|
(40 ILCS 5/7-223) (from Ch. 108 1/2, par. 7-223)
Sec. 7-223.
The amendments to Sections 7-137, 7-146, 7-147, 7-150 and
7-151 of this Article (relating to attainment of age 70) made by this
amendatory Act of 1989 shall be retroactive to January 1, 1987.
(Source: P.A. 86-272.)
|
(40 ILCS 5/7-224)
Sec. 7-224.
Section 415 limitations.
Notwithstanding any other
provisions of this Article, the combined benefits and contributions provided to
any participating employee by all plans of any participating municipality and
its instrumentalities and any participating instrumentality shall not exceed
the limitations specified in Section 415(b), (c), and (e) of the Internal
Revenue Code of 1986. If a participating employee's benefits or contributions
under this Article, combined with those under any other plan of the
participating municipality and its instrumentalities or participating
instrumentality, would otherwise violate those limitations, the benefits and
contributions under the other plan shall be reduced, rather than the benefits
and contributions provided under this Article. To the extent that the other
plan fails to limit such benefits and contributions, that plan shall be
disqualified.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/7-225) Sec. 7-225. Increases in earnings; pension impact statement. Before increasing the earnings of an officer, executive, or manager by 12% or more: (1) the authorities of the respective employer who | ||
| ||
(2) the Illinois Municipal Retirement Fund must | ||
| ||
(3) the authorities authorizing this increase must | ||
| ||
(4) the employer must pay the costs associated with | ||
| ||
The provisions of this Section do not apply to any of the following: increases attributable to standard employment promotions resulting in increased responsibility and workloads; earnings increases paid to individuals under contracts or collective bargaining agreements entered into, amended, or renewed before January 1, 2012; earnings increases paid to members who are 10 years or more from retirement eligibility; or earnings increases resulting from an increase in the number of hours required to be worked.
(Source: P.A. 97-609, eff. 1-1-12.) |
(40 ILCS 5/Art. 8 heading) ARTICLE 8.
MUNICIPAL EMPLOYEES', OFFICERS', AND OFFICIALS' ANNUITY AND
BENEFIT FUND--CITIES OVER 500,000 INHABITANTS
|
(40 ILCS 5/8-101) (from Ch. 108 1/2, par. 8-101)
Sec. 8-101.
Creation of fund.
In each city of more than 500,000 inhabitants a Municipal Employees',
Officers', and Officials' Annuity and Benefit Fund shall be created, set
apart, maintained and administered, in the manner prescribed in this
Article, for the benefit of the employees, officers and officials herein
designated, and their beneficiaries.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-102) (from Ch. 108 1/2, par. 8-102)
Sec. 8-102.
Terms defined.
The terms used in this Article have the meanings ascribed to them in
Sections 8-103 to 8-125, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-103) (from Ch. 108 1/2, par. 8-103)
Sec. 8-103.
Fund.
"Fund": The Municipal Employees', Officers', and Officials' Annuity and
Benefit Fund herein created.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-104) (from Ch. 108 1/2, par. 8-104)
Sec. 8-104.
The 1921 Act.
"The 1921 Act": "An Act to provide for the creation, setting apart,
maintenance and administration of a municipal employees', officers', and
officials' annuity and benefit fund in cities having a population exceeding
two hundred thousand inhabitants", approved June 29, 1921, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-105) (from Ch. 108 1/2, par. 8-105)
Sec. 8-105.
Court and Law Department Employees' Annuity Act.
"Court and Law Department Employees' Annuity Act": "An Act to provide
for the creation, setting apart, maintenance and administration of a
Municipal Court and Law Department Employees' Annuity and Benefit Fund in
cities having a population of more than two hundred thousand (200,000)
inhabitants in which any Municipal Court has been or shall be established
and maintained in accordance with law", approved July 8, 1935, as
amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-106) (from Ch. 108 1/2, par. 8-106)
Sec. 8-106.
Board of Election Commissioners Employees' Annuity Act.
"Board of Election Commissioners Employees' Annuity Act": "An Act to
provide for the creation, setting apart, maintenance and administration of
a Board of Election Commissioners Employees' Annuity and Benefit Fund in
cities having a population of more than two hundred thousand (200,000)
inhabitants in which any Board of Election Commissioners is functioning in
accordance with law", approved July 8, 1935, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-107) (from Ch. 108 1/2, par. 8-107)
Sec. 8-107.
Public School Employees' Pension Act of 1903.
"Public School Employees' Pension Act of 1903": "An Act to provide for
the formation and disbursement of a public school employees' pension fund
in cities having a population exceeding one hundred thousand inhabitants",
approved May 15, 1903, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-107.1) (from Ch. 108 1/2, par. 8-107.1)
Sec. 8-107.1.
Public Library Employes' Pension Act.
"Public Library Employes' Pension Act": "An Act to provide for the
formation and disbursement of a public library employes' pension fund in
cities having a population exceeding 500,000 inhabitants," approved May 12,
1905, as amended, and as continued in, or superseded by the "Illinois
Pension Code," approved March 18, 1963, under Article 19, Division 2, Secs.
19-201 to 19-220, both inclusive.
(Source: Laws 1965, p. 2300.)
|
(40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2)
Sec. 8-107.2. House of Correction Employees' Pension Act. "House
of Correction Employees' Pension Act": "An Act to provide for the setting
apart, formation and disbursement of a house of correction employees pension
fund in cities having a population exceeding 150,000 inhabitants", approved
June 10, 1911, as amended, and as continued in, or superseded by the Illinois
Pension Code, approved March 18, 1963, under Article 19, Division 1, Sections
19-101 to 19-119, both inclusive, as amended.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/8-108) (from Ch. 108 1/2, par. 8-108)
Sec. 8-108.
Exchange of Functions Act of 1957.
"Exchange of Functions Act of 1957": "An Act in relation to an exchange
of certain functions, property and personnel among cities and park
districts having coextensive geographic areas and populations in excess of
500,000", approved July 5, 1957.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-108.3) Sec. 8-108.3. Credit for service as a part-time employee of the Board of Education of the city. An employee of the Board of Education of the city, regardless of his or her position, may establish up to 2 years of service credit in the Fund for part-time employment with the Board of Education of the city prior to becoming an employee by applying no later than 6 months after the effective date of this amendatory Act of the 103rd General Assembly and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. However, service credit shall not be granted under this Section for any such prior employment for which the applicant received credit under any other provision of this Code or during which the applicant was on a leave of absence.
(Source: P.A. 103-525, eff. 8-11-23.) |
(40 ILCS 5/8-109) (from Ch. 108 1/2, par. 8-109)
Sec. 8-109.
Civil Service Act.
"Civil Service Act": "An Act to regulate the civil service of
cities", approved March 20, 1895, as amended, superseded by the provisions
of Division 1 of Article 10 of the Illinois Municipal Code, relating to
civil service in cities.
(Source: P.A. 81-782.)
|
(40 ILCS 5/8-109.1) (from Ch. 108 1/2, par. 8-109.1)
Sec. 8-109.1.
"Municipal Personnel Ordinance":
In the case of a city exercising
constitutionally authorized home rule unit authority, an ordinance of any
city in which this Article is in force and effect, establishing a substitute
for and to supersede the "Civil Service Act" as the governing employment
system of such city.
(Source: P.A. 81-782.)
|
(40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110)
Sec. 8-110.
Employer.
"Employer":
(1) a city of more than 500,000 inhabitants;
(2) the Board of Education of the city, with
respect to any of its employees who participate in this Fund;
(3) the Chicago Housing Authority, with respect to any of its employees who
participate in this Fund subject to the provisions of Section 8-230.9;
(4) the Public Building Commission of the city, with respect to any of its
employees who participate in this Fund; and
(5) the Retirement Board.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-111) (from Ch. 108 1/2, par. 8-111)
Sec. 8-111.
Effective date.
"Effective date": January 1, 1922, for any city covered by The 1921 Act
on the date this Article comes in effect; and January 1 of the first year
after the year in which any city hereafter comes under this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-112) (from Ch. 108 1/2, par. 8-112)
Sec. 8-112.
Retirement board or board.
"Retirement board" or "board": The Retirement Board of the Municipal
Employees', Officers', and Officials' Annuity and Benefit Fund created by
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
Sec. 8-113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant":
(a) Any employee of an employer employed in the classified civil service
thereof other than by temporary appointment or in a position excluded or exempt
from the classified service by the Civil Service Act, or in the case of a city
operating under a personnel ordinance, any employee of an employer employed in
the classified or career service under the provisions of a personnel ordinance,
other than in a provisional or exempt position as specified in such ordinance
or in rules and regulations formulated thereunder.
(b) Any employee in the service of an employer before the Civil
Service Act came in effect for the employer.
(c) Any person employed by the board.
(d) Any person employed after December 31, 1949, but prior to January
1, 1984, in the service of the employer by temporary appointment or in
a position exempt from the classified service as set forth in the Civil
Service Act, or in a provisional or exempt position as specified in the
personnel ordinance, who meets the following qualifications:
(1) has rendered service during not less than 12 | ||
| ||
(2) files written application with the board, while | ||
| ||
(e) After December 31, 1949, any alderperson or other officer or
official of the employer, who files, while in office, written
application with the board to be included hereunder.
(f) Beginning January 1, 1984, any person employed by an employer other
than the Chicago Housing Authority
or the Public Building Commission of the city, whether or not such person
is serving by temporary appointment or in a position exempt from the classified
service as set forth in the Civil Service Act, or in a provisional or exempt
position as specified in the personnel ordinance, provided that such person is
neither (1) an alderperson or other officer or official of the employer, nor (2)
participating, on the basis of such employment, in any other pension fund or
retirement system established under this Act.
(g) After December 31, 1959, any person employed in the law
department of the city, or municipal court or Board of Election
Commissioners of the city, who was a contributor and participant, on
December 31, 1959, in the annuity and benefit fund in operation in the
city on said date, by virtue of the Court and Law Department Employees'
Annuity Act or the Board of Election Commissioners Employees' Annuity
Act.
After December 31, 1959, the foregoing definition includes any other
person employed or to be employed in the law department, or municipal
court (other than as a judge), or Board of Election Commissioners (if
his salary is provided by appropriation of the city council of the city
and his salary paid by the city) -- subject, however, in the case of such
persons not participants on December 31, 1959, to compliance with the
same qualifications and restrictions otherwise set forth in this Section
and made generally applicable to employees or officers of the city
concerning eligibility for participation or membership.
Notwithstanding any other provision in this Section, any person who first becomes employed in the law department of the city on or after the effective date of this amendatory Act of the 100th General Assembly shall be included within the foregoing definition, effective upon the date the person first becomes so employed, regardless of the nature of the appointment the person holds under the provisions of a personnel ordinance. (h) After December 31, 1965, any person employed in the public
library of the city -- and any other person -- who was a contributor and
participant, on December 31, 1965, in the pension fund in operation in
the city on said date, by virtue of the Public Library Employees'
Pension Act.
(i) After December 31, 1968, any person employed in the house of
correction of the city, who was a contributor and participant, on
December 31, 1968, in the pension fund in operation in the city on said
date, by virtue of the House of Correction Employees' Pension Act.
(j) Any person employed full-time on or after the effective date of this
amendatory Act of the 92nd General Assembly by the Chicago Housing Authority
who has elected to participate in this Fund as provided in subsection (a) of
Section 8-230.9.
(k) Any person employed full-time by the Public Building Commission of
the city who has elected to participate in this Fund as provided in subsection
(d) of Section 8-230.7.
(Source: P.A. 102-15, eff. 6-17-21.)
|
(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
Sec. 8-114. Present employee. "Present employee":
(a) Any employee of an employer, or the board, on the | ||
| ||
(b) Any person who becomes an employee of the Board | ||
| ||
(c) Any person who becomes an employee of the | ||
| ||
(d) Any person who becomes an employee of the Public | ||
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/8-115) (from Ch. 108 1/2, par. 8-115)
Sec. 8-115.
Future entrant.
"Future entrant":
(a) Any employee of an employer or of the board, employed for the first
time on or after the effective date.
(b) Any person who becomes an employee of the Board of Education for the
first time on or after the effective date, and who was a contributor on
June 30, 1923, to any municipal pension fund then in operation in the city
under the Public School Employees' Pension Act of 1903. Any such employee
shall be considered a municipal employee during the entire time he has been
in the service of the Board of Education.
(c) Any person who becomes an employee of a municipal court or law
department or Board of Election Commissioners for the first time on or
after the effective date, and who was a participant on December 31, 1959,
in either of the funds in operation in the city on December 31, 1959,
created under the Court and Law Department Employees' Annuity Act or the
Board of Election Commissioners Employees' Annuity Act. Any such employee
shall be considered a municipal employee during the entire time he has been
in the service of the municipal court, law department, or Board of Election
Commissioners.
(d) Any person who becomes an employee of the Public Library or a
participant and contributor to the Public Library Employees' Pension Fund
for the first time on or after the effective date, and who was a
contributor and participant on December 31, 1965 in such fund created under
the Public Library Employees' Pension Act in operation in the city on
December 31, 1965. Any such person shall be considered a municipal employee
during the entire time he has been in the service of the Public Library or
during the entire time for which he was covered, as an employee, in the
fund created under the aforesaid Act.
(e) Any person who becomes an employee of the house of correction or a
participant and contributor to the House of Correction Employees' Pension
Fund for the first time on or after the effective date, and who was a
contributor and participant on December 31, 1968 in such fund created under
the House of Correction Employees' Pension Act in operation in the City
on December 31, 1968. Any such person shall be considered a municipal
employee during the entire time he has been in the service of the House of
Correction.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(40 ILCS 5/8-116) (from Ch. 108 1/2, par. 8-116)
Sec. 8-116.
Service, term of service, period of service, years of service.
"Service", "term of service", "period of service", "years of service":
Service as described in this Article, except that for any person who on
December 31, 1959, was a participant in a fund created by the Court and Law
Department Employees' Annuity Act or the Board of Election Commissioners
Employees' Annuity Act, service shall include all periods prior to
January 1, 1960, credited as service in such other fund, which service
shall be credited on January 1, 1960, in the fund herein provided for--on
the basis, and for such total or fractional number of days, months, or
years, to his credit on December 31, 1959, in such other fund under the
provisions of the law governing the fund in which he was then a
participant.
In the case of any person who on December 31, 1965 was a participant and
contributor in the fund created under the Public Library Employees' Pension
Act, in operation in the city on December 31, 1965, service prior to
January 1, 1966 shall be credited and shall include all periods prior to
January 1, 1966, credited as service in such fund, which service shall be
credited on January 1, 1966 in the fund herein provided for--on the basis,
and for such total or fractional number of days, months, or years, to his
credit on December 31, 1965 in such other fund under the provisions of the
law governing such said fund in which he was then a participant. Service
rendered thereafter shall be credited as service on the basis as described
in this Article.
In the case of any person who on December 31, 1968 was a participant and
contributor in the fund created under the House of Correction Employees'
Pension Act, in operation in the city on December 31, 1968, service prior
to January 1, 1969 shall be credited and shall include all periods prior to
January 1, 1969, credited as service in such fund, which service shall be
credited on January 1, 1969 in the fund herein provided for--on the basis,
and for such total or fractional number of days, months, or years, to his
credit on December 31, 1968 in such other fund under the provisions of the
law governing such fund in which he was then a participant. Service
rendered thereafter shall be credited as service on the basis as described
in this Article.
(Source: Laws 1968, p. 181.)
|
(40 ILCS 5/8-117) (from Ch. 108 1/2, par. 8-117)
Sec. 8-117.
Salary.
"Salary": Annual salary of an employee as follows:
(a) Beginning on the effective date and prior to July 1, 1947,
$3,000; and beginning on July 1, 1947 and prior to July 1, 1953, $4,800;
and beginning on July 1, 1953 and prior to July 1, 1957, $6,000 shall be
the maximum amount of annual salary of any employee which shall be
considered for any purpose hereunder.
(b) If appropriated, fixed or arranged on an annual basis, beginning
July 1, 1957, the actual sum payable during the year if the employee
worked the full normal working time in his position, at the rate of
compensation,
exclusive of overtime and final vacation, appropriated or fixed as salary or
wages for service in the position.
(c) If appropriated, fixed or arranged on other than an annual
basis, beginning July 1, 1957, the applicable schedules specified in
Sections 8-233 and 8-235 shall be used for conversion of the salary
to an annual basis.
(d) Beginning July 13, 1941, if the city provides lodging for an
employee without charge, his salary shall be considered to be $120 a
year more than the amount payable as salary for the year; the salary of
an employee for whom daily meals are provided without charge by the city
shall be considered to be $120 a year more than the amount payable as
his salary for the year, for each such daily meal, not exceeding three
per day.
(e) Beginning September 19, 1981, the salary of a person who was or is
an employee of a Board of Education on or after that date shall include the
amount of employee contributions, if any, picked up by the employer for
that employee under Section 8-174.1.
(Source: P.A. 91-357, eff. 7-29-99.)
|
(40 ILCS 5/8-118) (from Ch. 108 1/2, par. 8-118)
Sec. 8-118.
Actual compensation.
"Actual compensation": Beginning July 3, 1935, and prior to July 1,
1947, the actual sum without limitation and beginning July 1, 1947 and
prior to July 1, 1953, the actual sum not in excess of $4,800; and
beginning July 1, 1953 the actual sum not in excess of $6,000 a year,
appropriated by the employer or paid by the board as salary or wages, for
service in any position held by an employee.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-119) (from Ch. 108 1/2, par. 8-119)
Sec. 8-119.
Disability.
"Disability": A physical or mental incapacity as the result of which an
employee is unable to perform the duties of his assigned position.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
Sec. 8-120. Child or children. "Child" or "children": The natural child or children, or any child or
children legally adopted by an employee.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/8-121) (from Ch. 108 1/2, par. 8-121)
Sec. 8-121.
Withdrawal from service or withdrawal.
"Withdrawal from service" or "withdrawal": Discharge or resignation of
an employee.
For the purpose of improving sums to the credit of municipal employees
for annuity purposes at the 3%, 3 1/2% or 4% per annum interest rate herein
provided, re-entrance into service within 12 months after withdrawal from
service by persons who have not received a refund under this Article shall
be considered continuation in service; and for refund purposes a withdrawal
from service shall not be final until 30 days after the effective date of
the withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-122) (from Ch. 108 1/2, par. 8-122)
Sec. 8-122.
Assets.
"Assets": The total value of cash, securities and other property held.
Bonds shall be valued at their amortized book values.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-123) (from Ch. 108 1/2, par. 8-123)
Sec. 8-123.
Municipal pension fund.
"Municipal pension fund": Any pension fund created and operated under
"An Act to provide for the formation and disbursements of a pension fund in
cities, villages and incorporated towns having a population exceeding
100,000 inhabitants for municipal employees appointed to their positions,
under and by virtue of an Act entitled, 'An Act to regulate the civil
service of cities', approved and in force March 20, 1895, and for those
who are appointed prior to the passage of said Act and who are now in the
service of such city, village or town", approved May 31, 1911, as
amended, or under "An Act to provide for the formation and disbursement
of a public school employees' pension fund in cities having a population
exceeding one hundred thousand inhabitants", approved May 15, 1903, as
amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-124) (from Ch. 108 1/2, par. 8-124)
Sec. 8-124.
Effective rate of interest, interest at the effective rate or interest.
"Effective rate of interest", "interest at the effective rate" or
"interest": Interest at 4% per annum for an employee who was a contributor
on January 1, 1952; and at 3% per annum for an employee who becomes a
contributor after January 1, 1952. In all cases involving reserves,
credits, transfers, and charges, "effective rate of interest", "interest at
the effective rate" or "interest" shall be applied at these rates.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-125) (from Ch. 108 1/2, par. 8-125)
Sec. 8-125. Annuity.
"Annuity": Equal monthly payments for life, unless otherwise specified.
For annuities taking effect before January 1, 1998, the first payment
shall be due and payable one month after the occurrence
of the event upon which payment of the annuity depends, and the last
payment shall be due and payable as of the date of the annuitant's death
and shall be prorated from the date of the last preceding payment to the
date of death for deaths that occur on or before March 31, 2000. All
payments made
on or after April 1, 2000 shall be made on the first day of the calendar month
and the last payment shall be made on the first day of the calendar month in
which the annuity payment period ends. All payments for months beginning with
April of 2000 shall be for the entire calendar month, without proration. A pro
rata amount shall be paid for that part of the month from the March 2000
annuity payment date through March 31, 2000.
For annuities taking effect on or after January 1, 1998,
payments shall be made as of the first day of the calendar
month, with the first payment to be made
as of the first day of the calendar month coincidental with or next
following the first day of the annuity payment period, and the last payment
to be made as of the first day of the calendar month in which the annuity
payment period ends. For annuities taking effect on or
after January 1, 1998, all payments shall be for the entire calendar month,
without proration. The date on which the annuity payment period begins shall not be prior to termination or more than one year prior to receipt by the board of the written application for benefits.
For the purposes of this Section, the "annuity payment period" means the
period beginning on the day after the occurrence of the event upon which
payment of the annuity depends, and ending on the day upon which the death of
the annuitant or other event terminating the annuity occurs.
(Source: P.A. 101-69, eff. 7-12-19.)
|
(40 ILCS 5/8-126) (from Ch. 108 1/2, par. 8-126)
Sec. 8-126.
Persons to whom article does not apply.
(A) This Article
does not apply to any of the following persons:
(a) Any person employed in a position the duties of which will not
ordinarily permit the following periods of service during a calendar
year: - (1) 4 months in any case where the salary or wage is on a
monthly basis; (2) 17 weeks in any case where the salary or wage is on a
weekly basis; (3) 100 days in any case where the salary or wage is on a
daily basis; or (4) 700 hours in any case where the salary or wage is on
an hourly basis;
(b) Any person employed in a position classified by the civil
service commission of the city, or by the personnel office in a city
with a personnel ordinance, as in the labor service unless he is a
participant in a Municipal Pension Fund in operation in the city on the
effective date, or unless he was employed in such position, if he was in
the service of the employer on the effective date, and is not a
participant in any such pension fund, if within 6 months thereafter he
applies in writing to the board to be included under this Article;
(c) Any person who enters service at age 65 or more prior to January
1, 1979, or who enters the service at age 70 or more subsequent to January
1, 1979, or who has not
become a contributor prior to such ages;
(d) Any person employed by an employer or the board while a
contributor or eligible to contribute to any annuity and benefit fund,
annuity and retirement fund or any pension fund now or hereafter in
operation in such city for the benefit of employees of the employer,
except the annuity and benefit fund herein provided for or a Municipal
Pension Fund, or while receiving a pension or annuity, other than
widow's or child's annuity, from any of such aforesaid funds; or
(e) Any person transferred to the employment of an employer by
virtue of the "Exchange of Functions Act of 1957".
(B) The board of trustees may, by resolution, exclude persons who
become employees after June 30, 1979 as public service employment
program participants under the Federal Comprehensive Employment and
Training Act and whose wages or fringe benefits are paid in whole or in
part by funds provided under such Act.
(Source: P.A. 84-23.)
|
(40 ILCS 5/8-126.1) (from Ch. 108 1/2, par. 8-126.1)
Sec. 8-126.1.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and other benefits applicable to male employees
and their survivors, and the contributions to be made for widows' annuities
or other annuities, benefits, and refunds, shall apply with equal force to
female employees and their survivors, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/8-126.2) (from Ch. 108 1/2, par. 8-126.2)
Sec. 8-126.2.
Validation of Service.
Every participant in the Fund
on the effective date of this amendatory Act of 1979 shall be deemed to
have been a municipal employee throughout the entire period of his service
during which he was a contributor and participant and for which period of
service he is credited with the required contributions to the Fund for annuity
purposes. The period or term of service credited shall be based on the
applicable provisions of this Article relating thereto. Any past service
credited or annuity granted to any participant and contributor prior to
the effective date of this amendatory Act of 1979, based on the service
of any participant and contributor prior to or subsequent to the effective
date of the "Municipal Personnel Ordinance" of Chicago or the "Illinois
Municipal Code" relating to civil service of cities, shall be deemed validly
credited or granted for all purposes of this Article.
(Source: P.A. 81-782.)
|
(40 ILCS 5/8-126.3) (from Ch. 108 1/2, par. 8-126.3)
Sec. 8-126.3.
Age Discrimination.
Notwithstanding any other
provisions in this Article, it is the intention of the General Assembly to
comply with the federal Age Discrimination in Employment Act of 1967, as
amended by the Age Discrimination in Employment Amendments of 1986 and the
Omnibus Budget Reconciliation Act of 1986, as required with respect to
benefits for older individuals. For this purpose, if required, the
following changes shall govern with respect to other Sections of this
Article, effective January 1, 1988 unless otherwise specified.
(1) Contributions. Beginning immediately, the spouse contribution
shall not cease at age 65, but shall continue during the term of service.
Beginning immediately, concurrent city contributions shall be made
during the term of service.
(2) Money purchase accounts "fixed" at age 65. Beginning January 1,
1988, for all purposes, accruals after age 65 for the accounts of those
employees who have not withdrawn or retired shall be "unfixed" with
interest from the date fixed to January 1, 1988, without any contribution
from the time originally fixed until the effective date of this amendatory
Act of 1989. Thereafter, all
money purchase accounts shall not be "fixed", but shall continue to accrue
until time of withdrawal. No contributions are permitted from the time
"fixed" until the time "unfixed".
(3) Employee money purchase annuity after age 65. Beginning January 1,
1988, all money purchase annuities shall be computed without limitation for
age at time of withdrawal and without being "fixed" at any limiting age.
(4) Disability benefits. Beginning January 1, 1987, the age 70 limitation is removed.
(5) Widows and wives not entitled to annuity. Beginning January 1,
1988, there shall be no requirement that marriage take place before the
employee attained age 65. Any "no spouse" refund must be repaid with
interest before a spouse annuity is payable.
(6) Children. Beginning January 1, 1988, there shall be no age 65
requirement on the employee age for a child's annuity.
(7) Service credit. Beginning January 1, 1987, service credit shall
include any period of disability after age 70 for which the participant
receives Workers' Compensation benefits and during which the participant
did not receive a disability benefit from the fund but could have except
for the age 70 limitation.
(8) Compensation and supplemental annuities. The age condition shall remain at 65.
(9) Accounting. Beginning January 1, 1988, or as soon as practical, the
Annuity Payment Fund Accounts and the Prior Service Fund Accounts "fixed"
shall be "unfixed" and the appropriate amounts returned to the Salary
Deduction Fund Account and the corresponding City Contribution Fund Account.
(10) Refunds. Beginning immediately, there shall be no in-service
distribution of a "no spouse" refund. Such distribution, if any, shall be
made as otherwise provided. Likewise, there shall be no other refund
of deductions after fixed or excess cost. Any "no spouse" refund must be repaid with
interest before a spouse annuity is payable.
(11) Re-entry into service. Beginning January 1, 1988, for any re-entry
into service after age 65, the employee's money purchase annuity and the
widow's money purchase annuity may be recomputed if it is more beneficial to do so.
(12) Membership. Beginning January 1, 1988, the age 70 limitation for
membership shall be removed if federal law or regulation should require it.
Accordingly, any person age 70 or older may elect to have this Article
apply by filing written notice of such intent with the retirement board
within 4 months after the date of entering service.
(13) Computation. Benefits using accruals after age 65 will begin to be
computed January 1, 1988. No benefits will be recomputed for any annuitant
who has withdrawn before January 1, 1988.
(Source: P.A. 86-272.)
|
(40 ILCS 5/8-127) (from Ch. 108 1/2, par. 8-127)
Sec. 8-127.
Time of fixing annuities-Waiver.
No annuity or disability benefit shall be fixed, granted or paid under
this Article before the effective date.
Any retired employee or widow annuitant may execute a waiver of his or
her right to receive all or part of the total annuity. A waiver shall take
effect upon its being filed with the board, and may not be revoked after it
is executed and filed, except within the first 30 days after being filed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-128) (from Ch. 108 1/2, par. 8-128)
Sec. 8-128.
Prior service annuity-When due.
A "Prior Service Annuity" shall be credited to present employees in
accordance with the 1921 Act for service rendered prior to the effective
date.
Each such credit shall be improved by interest at the effective rate
during the time the employee is in service until his annuity is fixed. In
determining such credit, the employee's annual salary for his entire period
of prior service shall be the salary in effect on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-129) (from Ch. 108 1/2, par. 8-129)
Sec. 8-129.
Age and service annuity.
An "Age and Service Annuity" shall be credited employees for service
rendered after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-130) (from Ch. 108 1/2, par. 8-130)
Sec. 8-130.
Annuities - Present employees and future entrants
attaining age 65 in service.
(a) A present employee who attains age 65 or more in service having
age and service and prior service annuity credits sufficient to provide
an annuity as of his age at such time equal to the amount he would have
had if employee contributions and city
contributions had been made in
accordance with this Article during his entire term of service until age
65, shall be entitled to such annuity upon withdrawal.
(b) A present employee who attains age 65 or more in service and who
does not have the credits described in paragraph (a), shall be entitled,
on the date of withdrawal, to such age and service annuity and prior
service annuity provided from the total amounts to his credit therefor
on the date of his withdrawal.
(c) A future entrant who attains age 65 in service shall be
entitled, upon withdrawal, to age and service annuity provided from the
sum accumulated for such annuity at such age.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-131) (from Ch. 108 1/2, par. 8-131)
Sec. 8-131.
Annuities-Present employees and future entrants-Withdrawal after age 60
and prior to 65.
An employee who attains age 60 or more but less than age 65 in service,
upon withdrawal, shall be entitled to annuity as of his attained age at
such time as follows:
1. Present Employee--age and service and prior service annuities
provided from the total credits for such annuities on the date of
withdrawal.
2. Future entrant--age and service annuity provided from the total
credits for such annuity on the date of withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-132) (from Ch. 108 1/2, par. 8-132)
Sec. 8-132.
Annuities - Present employees and future
entrants - Withdrawal after age 55 and prior to 60.
An employee who attains age 55 or more but less than age 60 in
service having 10 or more years of service at date of withdrawal shall
be entitled to annuity, from the date of withdrawal, as follows:
1. Present employee and future entrant with 20 or more years of
service - age and service annuity provided from the total credits from
employee contributions and
city contributions for such annuity, and, for
a present employee, prior service annuity from the credits for such
annuity.
2. Present employee and future entrant with 10 or more but less than
20 years of service - age and service annuity provided from sums credited
for such annuity from employee contributions, plus 1/10 of the
accumulations for such annuity from city contributions for each year of
service after the first 10 years; and in addition in the case of a
present employee, the credits for prior service annuity on account of
employee contributions to any Municipal Pension Fund in operation in the
city on the effective date, or on June 30, 1923, and 1/10 of the prior
service annuity credit under The 1921 Act and this Article, for each
year of service after the first 10 years.
Any such annuity shall be computed as of the employee's age on the
date of withdrawal.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-133) (from Ch. 108 1/2, par. 8-133)
Sec. 8-133.
Annuities - Present employees and future
entrants - Withdrawal before age 55.
An employee who withdraws after 10 years of service before age 55 and
attains age 55 while out of service, shall be entitled to annuity, after
attainment of age 55, as follows:
1. Present employee and future entrant with 20 or more years of
service - age and service annuity provided from the total credits from
employee contributions and
city contributions for such annuity, and, in
addition in the case of a present employee, prior service annuity from
the credits for such annuity.
2. Present employee and future entrant with 10 or more but less than
20 years of service - age and service annuity provided from sums
accumulated for such annuities from employee contributions, plus 1/10 of
the city contributions for each year of service after the first 10
years; and in addition, in the case of a present employee, the credits
for prior service annuity on account of employee contributions to any
Municipal Pension Fund in operation in the city on the effective date,
or on June 30, 1923, and 1/10 of the prior service annuity credit under
The 1921 Act and this Article, for each year of service after the first
10 years.
Any such annuity shall be computed as though the employee were age 55
when granted regardless of his actual age at the time of application. An
employee shall not be entitled to annuity for any period between the
date he attains age 55 and the date of application for annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-134) (from Ch. 108 1/2, par. 8-134)
Sec. 8-134.
Annuities-Re-entry into service.
Annuity in excess of that fixed in Sections 8-131, 8-132 or 8-133
shall not be granted to any employee described therein, unless he reentered
service before age 65. If such reentry occurs, his annuity shall be
provided in accordance with Sections 8-130 to 8-133, inclusive, whichever
are applicable.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-135) (from Ch. 108 1/2, par. 8-135)
Sec. 8-135.
Service after time of fixing of annuity.
Service rendered after the time of fixing an annuity shall not be
considered for age and service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-136) (from Ch. 108 1/2, par. 8-136)
Sec. 8-136.
Minimum annuities.
A present employee who was a contributor to a municipal pension fund
which has been merged into and become part of the fund in accordance with
The 1921 Act or this Article who withdraws after such merger having 20 or
more years of service and for whom the amount of annuity provided by this
Article is less than the amount stated in this section has a right to
receive annuity as follows:
(a) $600 A year after the date of withdrawal if he is age 55 or more at
such time.
(b) $600 A year after the date he becomes age 55 if he is less than such
age when he withdraws.
In addition to the combined age and service and prior service annuities
to which an employee is entitled (except one in receipt of pension or
annuity from the annuity and benefit fund herein provided for on June 30,
1935), an employee with 35 or more years of service who has attained age 65
or more at the time he withdraws, is entitled to receive a sum equal to the
difference between the combined age and service annuity and prior service
annuity, and 50% of his highest "actual compensation", but not in excess of
33 1/3% of the combined age and service annuity and prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-136.1) (from Ch. 108 1/2, par. 8-136.1)
Sec. 8-136.1.
Minimum annuities for certain public library employees.
An employee who was a contributor to and participant on December 31,
1965 in a Public Library Employes' Pension Fund which has been merged into
and becomes part of the fund provided for in this Article, and who
withdraws after such merger, shall have an optional right, in lieu of any
other annuity, to receive annuity as follows:
(a) $60.00 A month after the date of withdrawal if he then has 20 or
more years of service and is age 50 or more years, plus an additional $7.00
a month for each additional full year of service after 20 years, with such
total monthly annuity not to exceed 60% of the maximum monthly salary
received during the employee's term of service, or the sum of $200.00,
whichever is the lesser.
(b) $30.00 A month after the date of withdrawal if he has 10 or more but
less than 20 years of service and is then age 55 or more years, plus an
additional $3.00 a month for each additional full year of service after 10
years.
(Source: Laws 1965, p. 2300.)
|
(40 ILCS 5/8-136.2) (from Ch. 108 1/2, par. 8-136.2)
Sec. 8-136.2.
Minimum annuities for certain house of correction employees
and their widows.
Any employee who was a contributor to and participant on December 31,
1968 in a House of Correction Employees' Pension Fund which has been merged
into and become part of the fund provided for in this Article, and who
withdraws after such merger, and has not withdrawn the contributions made
by him to such Fund, shall have the optional right, in lieu of any other
annuity provided for him under the provisions of this Article, to receive
an annuity for life in the following indicated amount: provided, that the
salary to be considered for the purpose of computation of such annuity
under this Section, shall be the rate of salary attached to such employee's
position in the house of correction at the date of his separation from such
service, but in no event to exceed the maximum rate of salary in the amount
and rate paid on and as of December 31, 1968, then considered as maximum
for salary deduction purposes under the provisions of such House of
Correction Employees' Pension Act.
(a) For an employee who has contributed for a combined total of 25 years
to such House of Correction Employees' Pension Fund and the Fund herein
provided for, and is at least 55 years of age, an annuity of 40% of salary;
provided, if such contributor remains in service until he serves 30 years
or attains an age of 60 years, he shall receive an annuity of 45% of
salary; and provided further if such contributor remains in service until
he serves 35 years or attains an age of 65 years, the amount of the annuity
shall be 50% of salary. Any such employee who has contributed for a
combined total of more than 10 years but less than 25 years, an annuity,
after attainment of the age of 55 years, equal to 1.15 of the amount he
would have received had he remained a contributor until he had been in
service for 25 years, for each year of service over 10 years; provided,
that for the purposes of this Section service for 8 months in any one
calendar year shall be considered a year of service for that year.
(b) Any person receiving a disability pension from such aforesaid House
of Correction Pension Fund on December 31, 1968, shall, if he does not
return to the service, because of continued disablement, be entitled to a
continuation of his disability pension, while disabled, in accord with the
provisions of the law governing the superseded House of Correction Pension
Fund, and upon termination of such pension, be then entitled to receive the
annuity specified in and by the Act which provided for such superseded
House of Correction Pension Fund, as such Act was applicable to him on
December 31, 1968.
(c) The widow of any employee who on December 31, 1968 was a contributor
to and participant in a House of Correction Employees' Pension Fund which
has been merged into and become a part of the fund provided for in this
Article, whose husband dies subsequent to such date, while in the service
or after becoming an annuitant, and who is credited with 15 or more years
of contributing service, shall, upon his death, provided she was his wife
while he was still in service and before he attained the age of 65 years,
and had been such wife for at least 2 years before his death, be entitled
to a widow's annuity of $125.00 a month to continue as long as she remains
unmarried. The foregoing provisions of this paragraph shall not apply if
the annuity for such widow, computed under other provisions of this
Article, is greater than the amount indicated in this paragraph.
(d) The widow of an employee who is retired and receiving an annuity
from the House of Correction Employees' Pension Fund on December 31, 1968,
shall, if eligible therefor, receive a widow's annuity after his death in
accord with the provisions of the law governing the superseded House of
Correction Employees' Pension Fund as of the date her husband retired from
the service of such house of correction.
(Source: Laws 1968, p. 181.)
|
(40 ILCS 5/8-137)
(from Ch. 108 1/2, par. 8-137)
Sec. 8-137. Automatic increase in annuity.
(a) An employee who retired or retires from service after December 31,
1959 and before January 1, 1987, having attained age 60 or more, shall,
in January of the year
after the year in which the first anniversary of retirement occurs, have
the amount of his then fixed and payable monthly annuity increased by 1
1/2%, and such first fixed annuity as granted at retirement increased by
a further 1 1/2% in January of each year thereafter. Beginning with
January of the year 1972, such increases shall be at the rate of 2% in
lieu of the aforesaid specified 1 1/2%, and beginning with January of the
year 1984 such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases
shall be at the rate of 3% of the currently payable monthly annuity,
including any increases previously granted under this Article. An
employee who retires on annuity after December 31, 1959 and before
January 1, 1987, but before age 60, shall receive such
increases beginning in January of the year after the year
in which he attains age 60.
An employee who retires from service on or after January 1, 1987 shall, upon
the first annuity payment date following the first anniversary of the date of
retirement, or upon the first annuity payment date following attainment of age
60, whichever occurs later, have his then fixed and payable monthly annuity
increased by 3%, and such annuity shall be increased by an additional 3% of the
original fixed annuity on the same date each year thereafter. Beginning in
January of 1999, such increases shall be at the rate of 3% of the currently
payable monthly annuity, including any increases previously granted under this
Article.
(a-5) Notwithstanding the provisions of subsection (a), upon the first
annuity payment date following (1) the third anniversary of retirement, (2)
the attainment of age 53, or (3) January 1, 2002, whichever
occurs latest,
the
monthly annuity of an employee who retires on annuity prior to the attainment
of age 60 and has not received an increase under subsection (a) shall
be
increased by 3%, and the annuity shall be increased by an additional
3% of the
current payable monthly annuity, including any
increases previously
granted
under this Article, on the same date each year thereafter. The increases
provided under this subsection are in lieu of the increases provided in
subsection (a).
(a-6) Notwithstanding the provisions of subsections (a) and (a-5), for all
calendar years following the year in which this amendatory Act of the 93rd
General Assembly takes effect, an increase in annuity under this Section that
would otherwise take effect at any time during the year shall instead take
effect in January of that year.
(b) Subsections (a), (a-5), and (a-6) are not
applicable to an employee retiring
and receiving a term annuity, as herein defined, nor to any otherwise
qualified employee who retires before he makes employee contributions (at
the 1/2 of 1% rate as provided in this Act) for this additional
annuity for not less than the equivalent of one full year. Such
employee, however, shall make arrangement to pay to the fund a balance
of such 1/2 of 1% contributions, based on his final salary, as will
bring such 1/2 of 1% contributions, computed without interest, to the
equivalent of or completion of one year's contributions.
Beginning with January, 1960, each employee shall contribute by means of
salary deductions 1/2 of 1% of each salary payment, concurrently with
and in addition to the employee contributions otherwise made for annuity
purposes.
Each such additional contribution shall be credited to an account in
the prior service annuity reserve, to be used, together with city
contributions, to defray the cost of the specified annuity increments.
Any balance in such account at the beginning of each calendar year shall
be credited with interest at the rate of 3% per annum.
Such additional employee contributions are not refundable, except to
an employee who withdraws and applies for refund under this Article, and
in cases where a term annuity becomes payable. In such cases his
contributions shall be refunded, without interest, and charged to such
account in the prior service annuity reserve.
(Source: P.A. 103-443, eff. 8-4-23.) |
(40 ILCS 5/8-137.1) (from Ch. 108 1/2, par. 8-137.1)
Sec. 8-137.1. Automatic increases in annuity for certain heretofore retired
participants.
A retired municipal employee who (a) is receiving annuity based on a
service credit of 20 or more years regardless of age at retirement or based
on a service credit of 15 or more years with retirement at age 55 or over,
and (b) does not qualify for the automatic increases in annuity provided
for in Section 8-137 of this Article, and (c) elects to make a contribution
to the Fund at a time and manner prescribed by the Retirement Board, of a
sum equal to 1% of the amount of final monthly salary times the number of
full years of service on which the annuity was based in those cases where
the annuity was computed on the money purchase formula and in those cases
in which the annuity was computed under the minimum annuity formula
provisions of this Article a sum equal to 1% of the average monthly salary
on which the annuity was based times such number of full years of service,
shall have his original fixed and payable monthly amount of annuity
increased in January of the year following the year in which he attains the
age of 65 years, if such age of 65 years is attained in the year 1969 or
later, by an amount equal to 1-1/2%, and by an equal additional 1-1/2% in
January of each year thereafter. Beginning with January of the year 1972,
such increases shall be at the rate of 2% in lieu of the aforesaid
specified 1 1/2%, and beginning January of the year 1984 such increases
shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
Whenever the retired municipal employee receiving annuity has attained
the age of 66 or more in 1969, he shall have such annuity increased in
January, 1970 by an amount equal to 1-1/2% multiplied by the number equal
to the number of months of January elapsing from and including January of
the year immediately following the year he attained the age of 65 if
retired at or before age 65, or from and including January of the year
immediately following the year of retirement if retired at an age greater
than 65, to and including January, 1970, and by an equal additional 1-1/2%
in January of each year thereafter. Beginning with January of the year
1972, such increases shall be at the rate of 2% in lieu of the aforesaid
specified 1 1/2%, and beginning January of the year 1984 such increases
shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
To defray the annual cost of such increases, the annual interest income
of the Fund, accruing from investments held by the Fund, exclusive of gains
or losses on sales or exchanges of assets during the year, over and above
4% a year, shall be used to the extent necessary and available to finance
the cost of such increases for the following year, and such amount shall be
transferred as of the end of each year, beginning with the year 1969, to a
Fund account designated as the Supplementary Payment Reserve from the
Investment and Interest Reserve set forth in Section 8-221. The sums
contributed by annuitants as provided for in this Section shall also be
placed in the aforesaid Supplementary Payment Reserve and shall be applied
and used for the purposes of such Fund account, together with the aforesaid
interest.
In the event the monies in the Supplementary Payment Reserve in any year
arising from: (1) the available interest income as defined hereinbefore and
accruing in the preceding year above 4% a year and (2) the contributions by
retired persons, as set forth hereinbefore, are insufficient to make the
total payments to all persons estimated to be entitled to the annuity
increases specified hereinbefore, then (3) any interest earnings over 4% a
year beginning with the year 1969 which were not previously used to finance
such increases and which were transferred to the Prior Service Annuity
Reserve may be used to the extent necessary and available to provide
sufficient funds to finance such increases for the current year, and such
sums shall be transferred from the Prior Service Annuity Reserve.
In the event the total monies available in the Supplementary Payment
Reserve from the preceding indicated sources are insufficient to make the
total payments to all persons entitled to such increases for the year, a
proportionate amount computed as the ratio of the monies available to the
total of the total payments for that year shall be paid to each person for
that year.
The Fund shall be obligated for the payment of the increases in annuity
as provided for in this Section only to the extent that the assets for such
purpose, as specified herein, are available.
(Source: P.A. 103-443, eff. 8-4-23.) |
(40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
Sec. 8-138. Minimum annuities - Additional provisions.
(a) An employee who withdraws after age 65 or more with at least 20
years of service, for whom the amount of age and service and prior service
annuity combined is less than the amount stated in this Section, shall
from the date of withdrawal, instead of all annuities
otherwise provided, be entitled to receive an annuity for life of $150 a
year, plus 1 1/2% for each year of service, to and including 20 years, and
1 2/3% for each year of service over 20 years, of his highest average
annual salary for any 4 consecutive years within the last 10 years of
service immediately preceding the date of withdrawal.
An employee who withdraws after 20 or more years of service, before age
65, shall be entitled to such annuity, to begin not earlier than upon
attained age of 55 years if under such age at withdrawal, reduced by 2% for
each full year or fractional part thereof that his attained age is less
than 65, plus an additional 2% reduction for each full year or fractional
part thereof that his attained age when annuity is to begin is less than 60
so that the total reduction at age 55 shall be 30%.
(b) An employee who withdraws after July 1, 1957, at age 60 or over,
with 20 or more years of service, for whom the age and service and prior
service annuity combined, is less than the amount stated in this paragraph,
shall, from the date of withdrawal, instead of such annuities, be entitled
to receive an annuity for life equal to 1 2/3% for each year of service, of
the highest average annual salary for any 5 consecutive years within the
last 10 years of service immediately preceding the date of withdrawal;
provided, that in the case of any employee who withdraws on or after July
1, 1971, such employee age 60 or over with 20 or more years of service,
shall receive an annuity for life equal to 1.67% for each of the
first 10 years of service; 1.90% for each of the next 10 years of service;
2.10% for each year of service in excess of 20 but not exceeding 30; and
2.30% for each year of service in excess of 30, based on the highest
average annual salary for any 4 consecutive years within the last 10 years
of service immediately preceding the date of withdrawal.
An employee who withdraws after July 1, 1957 and before January 1,
1988, with 20 or more years of service, before age 60 years is entitled to
annuity, to begin not earlier than upon attained age of 55 years, if under
such age at withdrawal, as computed in the last preceding paragraph,
reduced 0.25% for each full month or fractional part thereof that his
attained age when annuity is to begin is less than 60 if the employee was
born before January 1, 1936, or 0.5% for each such month if the employee
was born on or after January 1, 1936.
Any employee born before January 1, 1936, who withdraws with 20 or more
years of service, and any employee with 20 or more years of service who
withdraws on or after January 1, 1988, may elect to receive, in lieu of any
other employee annuity provided in this Section, an annuity for life equal
to 1.80% for each of the first 10 years of service, 2.00% for each of the
next 10 years of service, 2.20% for each year of service in excess of 20
but not exceeding 30, and 2.40% for each year of service in excess of 30,
of the highest average annual salary for any 4 consecutive
years within the last 10 years of service immediately preceding the date of
withdrawal, to begin not earlier than upon attained age of 55 years, if
under such age at withdrawal, reduced 0.25% for each full month or fractional
part thereof that his attained age when annuity is to begin is less than
60; except that an employee retiring on or after January 1, 1988, at age
55 or over but less than age 60, having at least 35 years of service,
or an employee retiring on or after July 1, 1990, at age 55 or over but
less than age 60, having at least 30 years of service,
or an employee retiring on or after the effective date of this amendatory
Act of 1997, at age 55 or over but less than age 60, having at least 25 years
of service, shall not be subject to the reduction in retirement annuity
because of retirement below age 60.
However, in the case of an employee who retired on or after January 1,
1985 but before January 1, 1988, at age 55 or older and with at least 35
years of service, and who was subject under this subsection (b) to the
reduction in retirement annuity because of retirement below age 60, that
reduction shall cease to be effective January 1, 1991, and the retirement
annuity shall be recalculated accordingly.
Any employee who withdraws on or after July 1, 1990, with 20 or more years of
service, may elect to receive, in lieu of any other employee annuity provided
in this Section, an annuity for life equal to 2.20% for each year of service
if withdrawal is before January 1, 2002, or 2.40% for each year of
service if withdrawal is on or after January 1, 2002,
of the highest average annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding the date of withdrawal, to begin
not earlier than upon attained
age of 55 years, if under such age at withdrawal, reduced 0.25% for each
full month or fractional part thereof that his attained age when annuity is
to begin is less than 60; except that an employee retiring at age 55 or
over but less than age 60, having at least 30 years of service, shall not
be subject to the reduction in retirement annuity because of retirement below
age 60.
Any employee who withdraws on or after the effective date of this
amendatory Act of 1997 with 20 or more years of service may elect to receive,
in lieu of any other employee annuity provided in this Section, an annuity for
life equal to 2.20% for each year of service, if withdrawal is before
January 1, 2002, or 2.40% for each year of service if withdrawal is
on or
after January 1, 2002, of the highest average annual
salary for any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, to begin not earlier than upon
attainment of age 55 (age 50 if the employee has at least 30 years of service),
reduced 0.25% for each full month or remaining fractional part thereof that the
employee's attained age when annuity is to begin is less than 60; except that
an employee retiring at age 50 or over with at least 30 years of service or at
age 55 or over with at least 25 years of service shall not be subject to the
reduction in retirement annuity because of retirement below age 60.
The maximum annuity payable under part (a) and (b) of this Section shall
not exceed 70% of highest average annual salary in the case of an employee
who withdraws prior to July 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 and prior to January 1, 2002, or 80% if
withdrawal
takes place on or after January 1, 2002. For the
purpose of the minimum
annuity provided in this Section $1,500 is considered the minimum annual
salary for any year; and the maximum annual salary for the computation of such
annuity is $4,800 for any year before 1953, $6000 for the years 1953 to 1956,
inclusive, and the actual annual salary, as salary is defined in this Article,
for any year thereafter.
To preserve rights existing on December 31, 1959, for participants and
contributors on that date to the fund created by the Court and Law
Department Employees' Annuity Act, who became participants in the fund
provided for on January 1, 1960, the maximum annual salary to be considered
for such persons for the years 1955 and 1956 is $7,500.
(c) For an employee receiving disability benefit, his salary for annuity
purposes under paragraphs (a) and (b) of this Section, for all periods of
disability benefit subsequent to the year 1956, is the amount on which his
disability benefit was based.
(d) An employee with 20 or more years of service, whose entire disability
benefit credit period expires before
attainment of age 55 while still disabled for service, is entitled upon
withdrawal to the larger of (1) the minimum annuity provided above, assuming he
is then age 55, and reducing such annuity to its actuarial equivalent as of his
attained age on such date or (2) the annuity provided from his age and service
and prior service annuity credits.
(e) The minimum annuity provisions do not apply to any former municipal
employee receiving an annuity from the fund who re-enters service as a
municipal employee, unless he renders at least 3 years of additional
service after the date of re-entry.
(f) An employee in service on July 1, 1947, or who became a contributor
after July 1, 1947 and before attainment of age 70, who withdraws after age
65, with less than 20 years of service for whom the annuity has been fixed
under this Article shall, instead of the annuity so fixed, receive an
annuity as follows:
Such amount as he could have received had the accumulated amounts for
annuity been improved with interest at the effective rate to the date of
his withdrawal, or to attainment of age 70, whichever is earlier, and had
the city contributed to such earlier date for age and service annuity the
amount that it would have contributed had he been under age 65, after the
date his annuity was fixed in accordance with this Article, and assuming
his annuity were computed from such accumulations as of his age on such
earlier date. The annuity so computed shall not exceed the annuity which
would be payable under the other provisions of this Section if the employee
was credited with 20 years of service and would qualify for annuity thereunder.
(g) Instead of the annuity provided in this Article, an employee having
attained age 65 with at least 15 years of service who withdraws from
service on or after July 1, 1971 and whose annuity computed under other
provisions of this Article is less than the amount provided under this
paragraph, is entitled to a minimum annuity for life equal to 1% of the
highest average annual salary, as salary is defined and limited in this
Section for any 4 consecutive years within the last 10 years of service for
each year of service, plus the sum of $25 for each year of service. The
annuity shall not exceed 60% of such highest average annual salary.
(g-1) Instead of any other retirement annuity provided in this Article,
an employee who has at least 10 years of service and withdraws from service
on or after January 1, 1999 may elect to receive a retirement annuity for
life, beginning no earlier than upon attainment of age 60, equal to 2.2%
if withdrawal is before January 1, 2002, or 2.4% if withdrawal is on
or after January 1, 2002, of final average salary for each
year of service,
subject to a maximum of 75% of final average salary if withdrawal is before
January 1, 2002, or 80% if withdrawal is on or after January 1, 2002. For
the purpose of calculating this annuity, "final average salary" means the
highest average annual salary for any 4 consecutive years in the last 10 years
of service. Notwithstanding any provision of this subsection to the contrary, the "final average salary" for a participant that received credit under subsection (c) of Section 8-226 means the highest average salary for any 4 consecutive years (or any 8 consecutive years if the employee first became a participant on or after January 1, 2011) in the 10 years immediately prior to the leave of absence, and adding to that highest average salary, the product of (i) that highest average salary, (ii) the average percentage increase in the Consumer Price Index during each 12-month calendar year for the calendar years during the participant's leave of absence, and (iii) the length of the leave of absence in years, provided that this shall not exceed the participant's salary at the local labor organization. For purposes of this Section, the Consumer Price Index is the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor.
(h) The minimum annuities provided under this Section shall be paid in
equal monthly installments.
(i) The amendatory provisions of part (b) and (g) of this Section shall
be effective July 1, 1971 and apply in the case of every qualifying
employee withdrawing on or after July 1, 1971.
(j) The amendatory provisions of this amendatory Act of 1985 (P.A.
84-23) relating to the discount of annuity because of retirement prior to
attainment of age 60, and to the retirement formula, for those born before
January 1, 1936, shall apply only to qualifying employees withdrawing on or
after July 18, 1985.
(j-1) The changes made to this Section by Public Act 92-609 (increasing the retirement
formula to 2.4% per year of service and increasing the maximum to 80%) apply
to persons who withdraw from service on or after January 1, 2002, regardless
of whether that withdrawal takes place before the effective date of that Act. In the case of a person who withdraws from service
on or after January 1, 2002 but begins to receive a retirement annuity before
July 1, 2002, the annuity
shall be recalculated, with the increase resulting from Public Act 92-609
accruing from the date the retirement annuity
began. The changes made by Public Act 92-609 control over the changes made
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
(k) Beginning on January 1, 1999, the minimum amount of employee's annuity
shall be $850 per month for life for the following classes of employees,
without regard to the fact that withdrawal occurred prior to the effective date
of this amendatory Act of 1998:
(1) any employee annuitant alive and receiving a life | ||
| ||
(2) any employee annuitant alive and receiving a term | ||
| ||
(3) any employee annuitant alive and receiving a | ||
| ||
(4) any employee annuitant withdrawing after age 60 | ||
| ||
The increases granted under items (1), (2) and (3) of this subsection (k)
shall not be limited by any other Section of this Act.
(Source: P.A. 97-651, eff. 1-5-12; 98-756, eff. 7-16-14.)
|
(40 ILCS 5/8-138.1) (from Ch. 108 1/2, par. 8-138.1)
Sec. 8-138.1.
Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) be a current contributor to the Fund who, on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board before June 1, 1993, a | ||
| ||
(4) withdraw from service on or after December 31, | ||
| ||
(5) have attained age 55 on or before the date of | ||
| ||
(6) by the date of withdrawal, have at least 10 years | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person (i) elects to receive the alternative annuity for city officers
under Section 8-243.2, or (ii) elects to receive a retirement annuity
calculated under the alternative formula formerly set forth in Section
20-122.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). An eligible person must
establish at least the amount of creditable service necessary to bring his
or her total creditable service, including service in this Fund, service
established under this Section, and service in any of the other
participating systems under the Retirement Systems Reciprocal Act, to a
minimum of 20 years.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
8-138, but with the following exceptions:
(1) The annuity shall not be subject to reduction | ||
| ||
(2) The annuity shall be subject to a maximum of 80% | ||
| ||
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on November
1, 1992. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall be deemed
contributions made by employees for annuity purposes under Section 8-173,
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 8-165, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/8-138.2)
Sec. 8-138.2.
Early retirement for certain public health workers.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) be a current contributor to the Fund who, on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board before March 1, 1994, a | ||
| ||
(4) withdraw from service on or before March 31, 1994;
(5) have attained age 55 on or before June 30, 1993;
(6) by June 30, 1993, have at least 10 years of | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person (i) elects to receive the alternative annuity for city officers
under Section 8-243.2, (ii) elects to receive a retirement annuity
calculated under the alternative formula formerly set forth in Section
20-122, or (iii) receives any early retirement incentive under Section
8-138.1.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). An eligible person must
establish at least the amount of creditable service necessary to bring his
or her total creditable service, including service in this Fund, service
established under this Section, and service in any of the other
participating systems under the Retirement Systems Reciprocal Act, to a
minimum of 20 years.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
8-138, but with the following exceptions:
(1) The annuity shall not be subject to reduction | ||
| ||
(2) The annuity shall be subject to a maximum of 80% | ||
| ||
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on November
1, 1993. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall be deemed
contributions made by employees for annuity purposes under Section 8-173,
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 8-165, an annuitant who reenters service under
this Article or Article 14 after receiving a retirement annuity based on
benefits provided under this Section thereby forfeits the right to continue to
receive those benefits, and shall have his or her retirement annuity
recalculated at the appropriate time without the benefits provided in this
Section.
(Source: P.A. 88-535.)
|
(40 ILCS 5/8-138.3)
Sec. 8-138.3.
Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) be a current contributor to the Fund who, on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board before June 1, 1998, a | ||
| ||
(4) withdraw from service on or after December 31, | ||
| ||
(5) by the date of withdrawal: (i) have attained age | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person (i) elects to receive the alternative annuity for city officers
under Section 8-243.2, or (ii) elects to receive a retirement annuity
calculated under the alternative formula formerly set forth in Section
20-122.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). An eligible person must
establish at least the amount of creditable service necessary to bring his
or her total creditable service, including service in this Fund, service
established under this Section, and service in any of the other
participating systems under the Retirement Systems Reciprocal Act, to a
minimum of 20 years.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
8-138, but with the following exceptions:
(1) The annuity shall not be subject to reduction | ||
| ||
(2) The annuity shall be subject to a maximum of 80% | ||
| ||
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on November
1, 1997. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall be deemed
contributions made by employees for annuity purposes under Section 8-173,
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 8-165, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(Source: P.A. 90-511, eff. 8-22-97.)
|
(40 ILCS 5/8-138.4)
Sec. 8-138.4. Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) have been a contributor to the Fund who (i) on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board on or before January 30, | ||
| ||
(4) withdraw from service on or after January 31, | ||
| ||
(5) by the date of withdrawal or by February 29, | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person (i) elects to receive the alternative annuity for city officers
under Section 8-243.2, or (ii) elects to receive a retirement annuity
calculated under the alternative formula formerly set forth in Section
20-122.
(a-5) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29, 2004 deadline for terminating employment under this Article established in
subdivision (a)(4) of this Section to a date not later than May 31, 2004 by
so
notifying the Fund by January 31, 2004.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). In addition, for each month of
creditable service established under this Section, a person's age at retirement
shall be deemed to be one month older than it actually is, except for
determination of eligibility for automatic annual increases under Sections
8-137 and 8-137.1. Furthermore, an eligible employee must establish at least
the amount of age and creditable service necessary to bring his or her age and
total creditable service, including service
in this Fund, service established under this Section, and service in any of the
other participating
systems under the Retirement Systems Reciprocal Act, to a minimum that will
satisfy the
requirements of Section 8-138.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
8-138, except that the annuity shall not be subject to reduction because of
withdrawal or commencement of the annuity before attainment of age 60.
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate
on October 15, 2003. The employee may elect to pay the entire contribution
before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall not be deemed
contributions made by employees for annuity purposes under Section 8-173,
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 8-165, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(f) No employer action in declaring an employee to be a critical employee pursuant to subsection (a-5) shall be construed as an impairment of any pension benefit or entitlement. No early retirement option or resultant benefit conferred under this Section shall, in any manner, vest for any employee until the earlier date of the employer's decision to release the employee from service or May 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.) |
(40 ILCS 5/8-138.5)
Sec. 8-138.5. Early retirement incentive for employees who have earned
maximum pension benefits.
(a) A person who is eligible for the benefits provided
under Section 8-138.4 and who, if he or she had retired on or before February 29, 2004,
would have been entitled to a pension equal to 80% of his or her highest
average annual salary for any 4 consecutive years within the last 10 years of
service immediately preceding February 29, 2004 without receiving the benefits
provided in Section 8-138.4, may elect, by filing written
election with the Fund by January 30, 2004, to receive a lump sum from the
Fund equal to 100% of his or her salary on
February 29, 2004 or the date of withdrawal, whichever is earlier. To be
eligible to receive the benefit provided under this Section, the person must
withdraw from service on or after January 31, 2004 and on or before February 29, 2004 (or the date established under subsection (b), if applicable). If a
person elects to receive the benefit provided under this
Section, his or her retirement annuity otherwise payable under Section 8-138
shall be reduced by an amount equal to the actuarial equivalent of the lump
sum.
(b) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29,
2004 deadline for terminating employment under this Article established in
subdivision (a) of this Section to a date not later than May 31, 2004 by
so notifying the Fund by January 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.) |
(40 ILCS 5/8-139) (from Ch. 108 1/2, par. 8-139)
Sec. 8-139.
Reversionary annuity.
(a) An employee, prior to retirement on annuity, may elect to take a lesser
amount of annuity and provide, with the actuarial value of the amount by which
his annuity is reduced, a reversionary annuity for a wife, husband, parent,
child, brother or sister. The option shall be exercised by filing a written
designation with the board prior to retirement, and may be revoked by the
employee at any time before retirement. The death of the employee prior to
his retirement shall automatically void the option.
(b) The death of the designated reversionary annuitant prior to the
employee's retirement shall automatically void the option. If the
reversionary annuitant dies after the employee's retirement, and before
the death of the employee annuitant, the reduced
annuity being paid to the retired employee annuitant shall be increased
to the amount of annuity before reduction for the reversionary annuity
and no reversionary annuity shall be payable.
The option is subject to the further condition that no reversionary annuity
shall be paid to a parent, child, brother, or sister if the employee dies
before the expiration of 365 days from the date his written
designation was filed with the board, even though he has retired and is
receiving a reduced annuity.
(c) The employee exercising this option shall not reduce his retirement
annuity by more than $400 a month, or elect to provide a
reversionary annuity of less than $50 per month. No option shall be permitted
if the reversionary annuity for a widow, when added to the widow's annuity
payable under this Article, exceeds 100% of the reduced annuity
payable to the employee.
(d) A reversionary annuity shall begin on the day following the death of
the annuitant and shall be paid as provided in Section 8-125.
(e) The increases in annuity provided in Section 8-137 of this Article
shall, as to an employee so electing a reduced annuity relate to the amount
of the original annuity, and such amount shall
constitute the annuity on
which such automatic increases shall be based.
(f) For annuities elected after June 30, 1983, the amount of the monthly
reversionary annuity shall be determined by multiplying the amount of the
monthly reduction in the employee's annuity by the factor in the following
table based on the age of the employee and the difference in the age of
the employee and the age of the reversionary annuitant at the starting date
of the employee's annuity:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98; 91-887, eff.
7-6-00.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(40 ILCS 5/8-140) (from Ch. 108 1/2, par. 8-140)
Sec. 8-140.
Widow's prior service annuity.
A "Widow's Prior Service Annuity", shall be credited for the widow of a
male present employee for service prior to the effective date, in
accordance with The 1921 Act and this Article, payable from and after the
death of the employee.
The amount so credited shall be improved by interest at the effective
rate until the employee retires from service or attains age 65, whichever
first occurs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-141) (from Ch. 108 1/2, par. 8-141)
Sec. 8-141.
Widow's annuity.
A "Widow's Annuity" shall be credited for a widow of any male employee
covering service after the effective date, payable from and after his
death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-142) (from Ch. 108 1/2, par. 8-142)
Sec. 8-142.
Widow's annuity-Present employee age 65 on effective date.
The widow of a present employee who attains age 65 or more on or before
the effective date is entitled, after his death, to an annuity fixed on the
date he becomes age 65.
The annuity shall be that provided from the credit for widow's prior
service annuity on a reversionary annuity basis on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-143) (from Ch. 108 1/2, par. 8-143)
Sec. 8-143.
Widow's annuity-Present employees and future entrants attaining age 65 in
service.
The widow of a present employee who attains age 65 while in service
after the effective date, or of a future entrant who attains age 65 while
in service, is entitled, after the date of his death to an annuity fixed
for the wife on the date he attains age 65.
The widow is entitled to annuity as follows:
If the employee's withdrawal occurs after age 65 and he enters upon
annuity, or if the employee's death occurs in the service after his
attainment of age 65, the annuity shall be that provided on a reversionary
annuity basis from the total sums accumulated to his credit for widow's
annuity and (if he was a present employee) widow's prior service annuity on
the date he became age 65.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-144) (from Ch. 108 1/2, par. 8-144)
Sec. 8-144.
Widow's annuity-Present employees and future entrants-Death in service
before 65.
The widow of an employee whose death occurs in service before age 65
shall be entitled to an annuity of the amount provided on a single life
annuity basis from the credit on the date of his death in service for age
and service annuity and widow's annuity, plus the credit for prior service
annuity and widow's prior service annuity if he was a present employee; but
no part thereof representing contributions by the city shall be used to
provide an annuity in excess of that which she would have had if the
employee had lived and remained in service at the rate of his final salary
until he became age 65, and the widow's annuity were fixed on a
reversionary annuity basis as provided in this Article. The annuity shall
be computed as of the date of the employee's death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-145) (from Ch. 108 1/2, par. 8-145)
Sec. 8-145.
Widow's annuity-Present employees and future entrants-Withdrawal after
age 60 but before 65.
The widow of an employee who attains age 60 or more but less than age 65
in service and who withdraws, shall be entitled after his death, to an
annuity fixed as of the date of his withdrawal.
The annuity shall be the amount provided on a reversionary annuity basis
from the credit for widow's annuity and (if he was a present employee)
widow's prior service annuity on the date of withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-146) (from Ch. 108 1/2, par. 8-146)
Sec. 8-146.
Widow's annuity - Present employees and future
entrants - Withdrawal after age 55 but before 60.
The widow of an employee who, (1) attains age 55 or more but less
than age 60 in service and (2) has served 10 or more years and (3)
withdraws, shall be entitled after his death to an annuity fixed on the
date of withdrawal.
The widow is entitled to receive the amount provided on a
reversionary annuity basis from the employee's credit on the date when
the annuity was fixed as follows:
(1) If service is 20 or more years, the total credits for widow's
annuity and in addition, if he was a present employee, the total credits
for widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for widow's annuity from employee contributions and 1/10 of the
total credits for widow's annuity from city contributions for each year
of service after the first 10 years, including for the widow of a
present employee, 1/10 of the total credits for widow's prior service
annuity from city contributions for each year of service after the first
10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-147) (from Ch. 108 1/2, par. 8-147)
Sec. 8-147.
Widow's annuity - Present employees and future
entrants - Withdrawal before age 55.
The widow of an employee who withdraws after 10 or more years of
service before age 55 and later attains such age while not in service,
shall be entitled after his death to an annuity fixed on the date the
employee becomes age 55.
The widow shall be entitled to the amount provided on a reversionary
annuity basis from the following credits on the date when the annuity is
fixed as follows:
(1) If service is 20 or more years, the total credits for widow's
annuity and, in addition, if he was a present employee, the total
credits for widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years the total
credits for widow's annuity from employee contributions and 1/10 of the
total credits for widow's annuity from city contributions for each year
of service after the first 10 years, including, for the widow of a
present employee, 1/10 of the total credits for widow's prior service
annuity from city contributions for each year of service after the first
10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-148) (from Ch. 108 1/2, par. 8-148)
Sec. 8-148.
Widow's annuities - Present employees and future
entrants - Withdrawal and death before age 55.
The widow of an employee with 10 or more years of service who
withdraws before age 55 and who dies while out of service before age 55
shall be entitled to an annuity computed on a single life annuity basis
at the date of death from the following credits:
(1) If service is 20 or more years, the total credits for age and
service annuity and widow's annuity, and, in addition, if he was a
present employee, the total credits for prior service annuity and
widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for age and service annuity, and widow's annuity from
employee contributions, and
in addition, if he was a present employee the total
credits for prior service annuity and 1/10 of the total credits for age
and service annuity and widow's annuity from city contributions for each
year of service after the first 10 years, including, for the widow of a
present employee, 1/10 of the credits for prior service and widow's
prior service annuity from city contributions for each year of service
after the first 10 years.
No city contributions shall be used for a widow's annuity in excess
of that which she would receive if the employee had lived until he
attained age 55 and had not reentered the service and an annuity were
fixed for her on a reversionary annuity basis, as of her age when her
husband would have attained age 55.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-149) (from Ch. 108 1/2, par. 8-149)
Sec. 8-149.
Widow's annuities-Re-entry of employee into service.
No annuity in excess of that fixed in accordance with Sections 8-145,
8-146 and 8-147 shall be granted to a widow described in those sections
unless the employee re-enters service before age 65, in which case the
annuity for his wife shall be fixed as of the date he attains age 65 while
in service, or when he again withdraws, whichever first occurs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-150) (from Ch. 108 1/2, par. 8-150)
Sec. 8-150.
Employee's widow's annuities - No contributions or service
credits after fixation.
No contributions by the employee or by the city for an annuity for
the widow of an employee shall be made after the date when her annuity
has been fixed. No service of an employee rendered after such date shall
be considered for widow's annuity, except as herein otherwise provided.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-150.1)
(from Ch. 108 1/2, par. 8-150.1)
Sec. 8-150.1. Minimum annuities for widows. The widow (otherwise eligible for widow's annuity under other Sections of
this Article 8) of an employee hereinafter described, who retires from
service or dies while in the service subsequent to the effective date of
this amendatory provision, and for which widow the amount of widow's
annuity and widow's prior service annuity combined, fixed or provided for
such widow under other provisions of this Article is less than the amount
provided in this Section, shall, from and after the date her otherwise
provided annuity would begin, in lieu of such otherwise provided widow's
and widow's prior service annuity, be entitled to the following indicated
amount of annuity:
(a) The widow of any employee who dies while in service on or after the
date on which he attains age 60 if the death occurs before July 1, 1990, or on
or after the date on which he attains age 55 if the death occurs on or after
July 1, 1990, with at least 20 years of service, or on or after the date on
which he attains age 50 if the death occurs on or after the effective date of
this amendatory Act of 1997 with at least 30 years of service, shall be
entitled to an annuity equal to one-half of the amount of annuity which her
deceased husband would have been entitled to receive had he withdrawn from the
service on the day immediately preceding the date of his death, conditional
upon such widow having attained the age of 60 or more years on such date if the
death occurs before July 1, 1990, or age 55 or more if the death occurs on or
after July 1, 1990, or age 50 or more if the death occurs on or after January
1, 1998 and the employee is age 50 or over with at least 30 years of service or
age 55 or over with at least 25 years of service.
Except as provided in subsection (k), this widow's annuity shall not, however,
exceed the sum of $500 a month if the employee's death in service occurs
before January 23, 1987. The widow's annuity shall not be limited to a
maximum dollar amount if the employee's death in service occurs on or after
January 23, 1987.
If the employee dies in service before July 1,
1990, and if such widow of such described employee shall not be 60 or
more years of age on such date of death, the amount provided in the immediately
preceding paragraph for a widow 60 or more years of age, shall, in the case
of such younger widow, be reduced by 0.25% for each month that
her then attained age is less than 60 years if the employee was born before
January 1, 1936 or dies in service on or after January 1, 1988, or by
0.5% for each month that her then attained age is
less than 60 years if the employee was born on or after July 1, 1936
and dies in service before January 1, 1988.
If the employee dies in service on or after July 1, 1990, and if the widow of
the employee has not attained age 55 on or before the employee's date of death,
the amount otherwise provided in this subsection (a) shall be reduced by 0.25%
for each month that her then attained age is less than 55 years; except that
if the employee dies in service on or after January 1, 1998 at age 50 or over
with at least 30 years of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due to the widow's age if she has
attained age 50 on or before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's date of death the amount
otherwise provided in this subsection (a) shall be reduced by 0.25% for each
month that her then attained age is less than 50 years.
(b) The widow of any employee who dies subsequent to the date of his
retirement on annuity, and who so retired on or after the date on which he
attained the age of 60 or more years if retirement occurs before July
1, 1990, or on or after the date on which he attained age 55 if retirement
occurs on or after July 1, 1990, with at least 20 years of service,
or on or after the date on which he attained age 50 if the retirement occurs
on or after the effective date of this amendatory Act of 1997 with at least 30
years of service, shall be entitled to an annuity equal to one-half of the
amount of annuity which her deceased husband received as of the date of his
retirement on annuity, conditional upon such widow having attained the age of
60 or more years on the date of her husband's retirement on annuity if
retirement occurs before July 1, 1990, or age 55 or more if retirement occurs
on or after July 1, 1990, or age 50 or more if the retirement on annuity
occurs on or after January 1, 1998 and the employee is age 50 or over with
at least 30 years of service or age 55 or over with at least 25 years of
service.
Except as provided in subsection (k), this widow's
annuity shall not, however, exceed the sum of $500 a month if the
employee's death occurs before January 23, 1987. The widow's annuity
shall not be limited to a maximum dollar
amount if the employee's death occurs on or after
January 23, 1987, regardless of the date of retirement;
provided that, if retirement was before January 23, 1987, the employee or
eligible spouse repays the excess spouse refund with interest at the
effective rate from the date of refund to the date of repayment.
If the date of the employee's retirement on annuity is before July
1, 1990, and if such widow of such described employee shall not have attained
such age of 60 or more years on such date of her husband's retirement on
annuity, the amount provided in the immediately preceding paragraph for a
widow 60 or more years of age on the date of her husband's retirement on
annuity, shall, in the case of such then younger widow, be reduced by 0.25%
for each month that her then attained age was less than 60
years if the employee was born before January 1, 1936 or withdraws from
service on or after January 1, 1988, or by 0.5% for each
month that her then attained age is less than 60 years if the employee was born
on or after January 1, 1936 and withdraws from service before January 1, 1988.
If the date of the employee's retirement on annuity is on or after
July 1, 1990, and if the widow of the employee has not attained age 55
by the date of the employee's retirement on annuity, the amount
otherwise provided in this subsection (b) shall be reduced by 0.25% for
each month that her then attained age is less than 55 years; except that if
the employee retires on annuity on or after January 1, 1998 at age 50 or over
with at least 30 years of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due to the widow's age if she has
attained age 50 on or before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's date of death the amount
otherwise provided in this subsection (b) shall be reduced by 0.25% for each
month that her then attained age is less than 50 years.
(c) The foregoing provisions relating to minimum annuities for widows
shall not apply to the widow of any former municipal employee receiving an
annuity from the fund on August 9, 1965 or on the effective date of this
amendatory provision, who re-enters service as a municipal employee, unless
such employee renders at least 3 years of additional service after the date
of re-entry.
(d) In computing the amount of annuity which the husband specified in
the foregoing paragraphs (a) and (b) of this Section would have been
entitled to receive, or received, such amount shall be the annuity to which
such husband would have been, or was entitled, before reduction in the
amount of his annuity for the purposes of the voluntary optional
reversionary annuity provided for in Section 8-139 of this
Article, if such option was elected.
(e) (Blank).
(f) (Blank).
(g) The amendatory provisions of this amendatory Act of 1985
relating to annuity discount because of age for widows of employees born
before January 1, 1936, shall apply only to qualifying
widows of employees withdrawing or dying in service on or after July 18, 1985.
(h) Beginning on January 1, 1999, the minimum amount of widow's annuity
shall be
$800 per month for life for the following classes of widows,
without regard to the fact that the death of the employee occurred prior
to the effective date of this amendatory Act of 1998:
(1) any widow annuitant alive and receiving a life | ||
| ||
(2) any widow annuitant alive and receiving a term | ||
| ||
(3) any widow annuitant alive and receiving a | ||
| ||
(4) the widow of an employee with at least 10 years | ||
| ||
(5) the widow of an employee with at least 10 years | ||
| ||
(6) the widow of an employee who dies in service with | ||
| ||
The increases granted under items (1), (2), (3) and (4) of this
subsection (h) shall not be limited by any other Section of this Act.
(i) The widow of an employee who retired or died in service on or
after January 1, 1985 and before July 1, 1990, at age 55 or older, and with
at least 35 years of service credit, shall be entitled to have her widow's
annuity increased, effective January 1, 1991, to an amount equal to 50% of
the retirement annuity that the deceased employee received on the date of
retirement, or would have been eligible to receive if he had retired on the
day preceding the date of his death in service, provided that if the widow
had not attained age 60 by the date of the employee's retirement or death
in service, the amount of the annuity shall be reduced by 0.25% for each
month that her then attained age was less than age 60 if the employee's
retirement or death in service occurred on or after January 1, 1988, or by
0.5% for each month that her attained age is less than age 60 if the
employee's retirement or death in service occurred prior to January 1,
1988. However, in cases where a refund of excess contributions for
widow's annuity has been paid by the Fund, the increase in benefit provided
by this subsection (i) shall be contingent upon repayment of the refund
to the Fund with interest at the effective rate from the date of refund to
the date of payment.
(j) If a deceased employee is receiving a retirement annuity at the time
of death and that death occurs on or after June 27, 1997, the widow may elect to receive, in lieu of
any other annuity provided under this Article, 50% of the deceased employee's
retirement annuity at the time of death reduced by 0.25% for each month that
the widow's age on the date of death is less than 55; except that if the
employee dies on or after January 1, 1998 and withdrew from service on or
after June 27, 1997 at age 50 or over with at least 30 years of service
or at age 55 or over with at least 25 years of service, there shall be no
reduction due to the widow's age if she has attained age 50 on or before the
employee's date of death, and if the widow has not attained age 50 on or before
the employee's date of death the amount otherwise provided in this subsection
(j) shall be reduced by 0.25% for each month that her age on the date of death
is less than 50 years.
However, in cases where a refund of excess contributions for widow's annuity
has been paid by the Fund, the benefit provided by this subsection (j) is
contingent upon repayment of the refund to the Fund with interest at the
effective rate from the date of refund to the date of payment.
(k) For widows of employees who died before January 23,
1987 after retirement on annuity or in service, the maximum dollar amount
limitation on widow's annuity shall cease to apply, beginning with the first
annuity payment after the effective date of this amendatory Act of 1997; except
that if a refund of excess contributions for widow's annuity has been paid by
the Fund, the increase resulting from this subsection (k) shall not begin
before the refund has been repaid to the Fund, together with interest at the
effective rate from the date of the refund to the date of repayment.
(l) In lieu of any other annuity provided in this Article, an eligible
spouse of an employee who dies in service on or after January 1, 2002
(regardless of whether that death in service occurs prior to the effective
date of this amendatory Act of the 93rd General Assembly)
with
at least 10
years
of service shall be entitled to an annuity of 50% of the minimum formula
annuity earned and accrued to the credit of the employee at the date of death.
For the purposes of this subsection, the minimum formula annuity earned and
accrued to the credit of the employee is equal to 2.40% for each year of
service of the highest average annual salary for any 4 consecutive years within
the last 10 years of service immediately preceding the date of death, up to a
maximum of 80% of the highest average annual salary. This annuity shall not be
reduced due to the age of the employee or spouse. In addition to any other
eligibility requirements under this Article, the spouse is eligible for
this annuity only if the marriage was in effect for 10 full years or more.
(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
|
(40 ILCS 5/8-151) (from Ch. 108 1/2, par. 8-151)
Sec. 8-151. Compensation annuity and supplemental annuity.
When annuity otherwise provided in this Article for the widow of an
employee whose death results solely from injury incurred in the performance
of an act of duty is less than 60% of his salary in effect at the time of
the injury, "Compensation Annuity" equal to the difference between such
annuity and 60% of such salary, shall be payable to her until the date when
the employee, if alive, would have attained age 65; and in any case where
the employee's death is only partly due to the duty incurred injury, the
"Compensation Annuity" shall be based on an amount equal to 40% of such
salary.
Thereafter, the widow shall be entitled to "Supplemental Annuity" equal
to the difference between the annuity otherwise provided in this Article
and the annuity to which she would be entitled if the employee had lived
and continued in the service at the salary in effect at the date of the
injury until he attained age 65, and based upon her age as it would be on
the date he would have attained 65.
"Compensation" or "Supplemental Annuity" shall not be payable unless the
widow was the wife of the employee when the injury was incurred.
The city shall contribute to the fund each year the amount required for
all compensation annuities payable during any such year. Supplemental
Annuity shall be provided from city contributions after the date of the
employee's death of such equal sums annually which when improved by
interest at the effective rate, will be sufficient, at the time payment of
Compensation Annuity to the widow ceases to provide Supplemental Annuity,
as stated, for the widow throughout her life thereafter.
Unless the performance of an act or acts of duty results solely in the death of the employee, the annuity provided in this Section shall not be paid. For the purposes of this Section only, the death of any employee as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the employee shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any employee who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021; except that the presumption shall not apply if the employee was on a leave of absence from his or her employment or otherwise not required to report for duty at the physical work space generally assigned to the employee, including, but not limited to, working remotely, for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when an employee contracted COVID-19 under this paragraph, the date of contraction is either the date that the employee was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. (Source: P.A. 102-342, eff. 8-13-21.)
|
(40 ILCS 5/8-152)
(from Ch. 108 1/2, par. 8-152)
Sec. 8-152. Widows or former wives not entitled to annuity. Except as
provided in Section 8-152.1, the following widows or former wives of
employees have no right to annuity from the fund:
(a) The widow, married subsequent to the effective date, of an
employee who dies in service if she was not married to him before he
attained age 65;
(b) The widow, married subsequent to the effective date, of an
employee who withdraws from service whether or not he enters upon
annuity, and who dies while out of service, if she was not his wife
while he was in service and before he attained age 65;
(c) The widow of an employee with 10 or more years of service whose
death occurs out of and after he has withdrawn from service, and who has
received a refund of his contributions for
annuity purposes;
(d) The widow of an employee with less than 10 years of service who
dies out of service after he has withdrawn from service before he
attained age 60;
(e) The former wife of an employee whose judgment of dissolution of
marriage has been vacated or set aside after the employee's death,
unless the proceedings to vacate or set aside the judgment were filed in
court within 5 years after the entry thereof and within one year after
the employee's death, and unless the board is made a party defendant to
such proceedings.
(Source: P.A. 94-612, eff. 8-18-05.)
|
(40 ILCS 5/8-152.1)
Sec. 8-152.1. Widow's annuity for widow married to member for at
least 10 years. Notwithstanding Section 8-152 or any other provision of this
Code to the contrary, if (1) a member has a spouse who would have qualified for a minimum annuity for widows under Section 8-150.1 at the time of the member's retirement, (2) the qualifying spouse dies, (3) the member subsequently remarries, and (4) the member does not receive a refund under
Section 8-169, then the member's widow shall be entitled to a widow's annuity
if (i) the member dies after May 1, 2004 and before November 1, 2004 and (ii) the widow was married to the member for at least the last 10 years prior to the
member's death. A widow who elects to receive a widow's annuity under this Section is thereafter ineligible to receive any other survivor's benefit under this Article. A widow who is receiving any survivor's benefit under this Article is thereafter ineligible to receive a widow's annuity under this Section. If a widow who is receiving a widow's annuity under this Section remarries, then the benefits paid to that widow shall be terminated effective on the last day of the month in which the widow remarries. To establish credit under this Section, the widow must apply to the Fund on or before July 1, 2006.
(Source: P.A. 94-612, eff. 8-18-05.) |
(40 ILCS 5/8-153) (from Ch. 108 1/2, par. 8-153)
Sec. 8-153.
Widow's remarriage.
A widow's annuity shall terminate when she remarries
if the marriage takes
place before the date 60 days after the effective date of this amendatory Act
of the 91st General Assembly. If a widow remarries 60 or
more days after the effective date of this amendatory Act of the 91st General
Assembly, the widow's annuity shall continue without interruption.
When a widow dies, if she has not
received, in the form of an annuity, an amount equal to the total
credited from
employee's contributions and applied for the widow's annuity, the
difference between such annuity credits and the amount received by her
shall be refunded to her, provided, that if a reversionary annuity is
payable to her, or to any other person designated by the employee, such
amount shall not be refunded but the reversionary annuity
shall be payable.
If there is any child of the employee who is under 18 years of age,
the part of any such amount that is required to pay an annuity to the child
shall be transferred to the child's annuity reserve. In making refunds under
this Section, no interest shall be paid upon either the total of annuity
payments made or the amounts subject to refund. Any refund shall be paid
according to the provisions of Section 8-170.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/8-153.1) (from Ch. 108 1/2, par. 8-153.1)
Sec. 8-153.1.
Annuities to survivors of female employees.
All provisions of this Article relating to annuities or benefits to a
widow, minor children or other survivors of a male employee shall apply
with equal force to a surviving spouse, children or other eligible
survivors of a female employee, including credits for the several annuity
purposes, refunds and death benefits, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/8-154) (from Ch. 108 1/2, par. 8-154)
Sec. 8-154.
Maximum annuities.
(1) The annuities to an employee and his widow are subject to the
following limitations:
(a) No age and service annuity, or age and service | ||
| ||
(b) No annuity in excess of 60% of such highest | ||
| ||
(c) No annuity in excess of 50% of such highest | ||
| ||
(d) For widows of employees who died before January | ||
| ||
(2) If when an employee's annuity is fixed, the amount accumulated
to his credit therefor, as of his age at such time exceeds the amount
necessary for the annuity, all contributions for annuity
purposes after the date on which the accumulated sums to the credit of
such employee for annuity purposes would first have provided such
employee with such amount of annuity as of his age at such date shall be
refunded when he enters upon annuity, with interest at the effective rate.
If the aforesaid annuity so fixed is not payable, but a larger amount
is payable as a minimum annuity, such refund shall be reduced by 5/12 of
the value of the difference in the annuity payable and the amount
theretofore fixed, as the value of such difference may be at the date
and as of the age of the employee when his annuity is granted; provided
that if the employee was credited with city contributions for any period
for which he made no contribution, or a contribution of less than 3 1/4%
of salary, a further reduction in the refund shall be made by the
equivalent of what he would have contributed during such period less
his actual contributions, had the rate of
employee contributions in force on
the effective date been in effect throughout his entire service, prior
to such effective date, with interest computed on such amounts at the
effective rate.
(3) If at the time the annuity for a wife is fixed, the employee's
credit for a widow's annuity exceeds that necessary to provide such an
annuity equal to the maximum annuity provided in this section, all employee
contributions for such annuity, for service after the date on
which the accumulated sums to the credit of such employee for the
purpose of providing widow's annuity would first have provided such
widow with such amount of annuity, if such annuity were computed on the
basis of the Combined Annuity Mortality Table with interest at 3% per
annum with ages at date of determination taken as specified in this
Article, shall be refunded to the employee, with interest at the
effective rate. If the employee was credited with city contributions for
widow's annuity for any service prior to the effective date, any amount
so refundable, shall be reduced by the equivalent of what he would have
contributed, had his contributions for widow's annuity been made at the
rate of 1% throughout his entire service, prior to the effective date,
with interest on such amounts at the effective rate.
(4) If at the death of an employee prior to age 65, the credit for
widow's annuity exceeds that necessary to provide the maximum annuity
prescribed in this section, all employee contributions for annuity
purposes, for service after the date on which the accumulated sums to
the credit of such employee for the purpose of providing such maximum
annuity for the widow would first have provided such widow with such
amount of annuity, if such annuity were computed on the basis of the
Combined Annuity Mortality Table with interest at 3% per annum with ages
at date of determination taken as specified in this Article, shall be
refunded to the widow, with interest at the effective rate.
If the employee was credited with city contributions for any period
of service during which he was not required to make a contribution, or
made a contribution of less than 3 1/4% of salary, the refund shall be
reduced by the equivalent of the contributions he would have made during
such period, less any amount he contributed, had the rate of
employee contributions in effect on the effective date been in force throughout
his entire service, prior to the effective date, with interest on such
amounts at the effective rate; provided that if the employee was
credited with city contributions for widow's annuity for any service
prior to the effective date, any amount so refundable shall be further
reduced by the equivalent of what he would have contributed had
he made contributions for widow's annuity at the rate of 1% throughout his
entire service; prior to such effective date, with interest on such
amounts at the effective rate.
(Source: P.A. 90-511, eff. 8-22-97; 90-655, eff. 7-30-98.)
|
(40 ILCS 5/8-155) (from Ch. 108 1/2, par. 8-155)
Sec. 8-155.
Mortality tables and interest rates.
(a) Any single life annuity fixed or granted to any employee who was a
participant on or before January 1, 1952, or any reversionary or single
life annuity, fixed for or granted to a wife or widow shall be computed, in
the case of the employee as of his attained age when the annuity is fixed
or granted, and in the case of the wife or widow, as of employee's age and
that of his wife or widow on the date her annuity is fixed or granted,
provided that if the wife or widow is older than 5 years the junior of her
husband her age shall be assumed 5 years less than his. The American
Experience Table of Mortality shall be used for the computation of the
annuity values in this paragraph. The rate of interest shall be 4% per
annum if withdrawal occurs at age 55 or over and 3 1/2% if before age 55.
(b) Until August 1, 1983, any single life annuity fixed or granted
to any employee who becomes
a participant for the first time after January 1, 1952, or any reversionary
or single life annuity, fixed or granted to a wife or widow shall be
computed, in the case of the employee as of his attained age when the
annuity is fixed or granted, and in the case of the wife or widow her age
shall be taken as 4 years younger than her actual age, or 4 years younger
than the age of her husband, whichever will produce the lower age, as of
the date the employee's, or the wife's or widow's annuity is fixed or
granted. The Combined Annuity Mortality Table for Male Lives with interest
at 3% per annum shall be used for the computation of the single life
employee annuity values in this paragraph. Such table shall also be used
for the computation of single life widow annuity values and for the
computation of the reversionary annuities specified in this paragraph with
the female life taken as 4 years less than the male life.
On or after August 1, 1983, any single life annuity fixed or granted to
any employee who becomes a participant for the first time after January 1,
1952, or any reversionary or single life annuity, fixed or granted to a
wife or widow shall be computed, in the case of an employee as of his
attained age when the annuity is fixed or granted, and in the case of the
wife or widow her age will be taken as the lower of her actual age or the
age of her husband as of the date the employee's or wife's or widow's
annuity is fixed or granted. The Combined Annuity Mortality Table for Male
Lives with interest at 3% per annum shall be used for the computation of the
single life employee and widow annuity values in this paragraph. Such
table shall also be used for the computation of the reversionary annuity
values specified in this paragraph with the employee life taken as 4 years
less than the male life and the spouse life taken as the male life.
All sums credited to any employee for annuity purposes when he withdraws
from service before age 55 shall be improved with interest thereafter while
he is not in service and has not entered upon annuity until he attains age
65.
(Source: P.A. 84-23.)
|
(40 ILCS 5/8-156) (from Ch. 108 1/2, par. 8-156)
Sec. 8-156.
Computation of interest.
For the computation of interest upon any sum contributed by an
employee into any municipal pension fund or into this fund, it shall be
assumed that the sum was contributed on the last day of the calendar
month in which such contribution was made.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-157) (from Ch. 108 1/2, par. 8-157)
Sec. 8-157.
Term annuities-How computed.
In any case in which an employee's credit for an annuity for himself is
insufficient--at the time the annuity is fixed or granted--to provide for
him a life annuity of $100 a month, a term annuity of equal actuarial value
of $100 a month shall be paid in lieu of such lesser amount of life annuity.
The same provision shall apply to a widow's annuity if the life annuity is
less than $100 a month.
(Source: P.A. 79-846.)
|
(40 ILCS 5/8-158) (from Ch. 108 1/2, par. 8-158)
Sec. 8-158.
Child's annuity.
A child's annuity is payable monthly after the
death of an employee parent to the child until the child's attainment of age
18, under the following conditions, if the child was born before the employee
attained age 65, and before he withdrew from service:
(a) upon death in service from any cause;
(b) upon death of an employee who withdraws from | ||
| ||
Payment shall be made as provided in Section 8-125.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-159) (from Ch. 108 1/2, par. 8-159)
Sec. 8-159.
Amount of child's annuity.
Beginning on the effective date of
this amendatory Act of 1997, the amount of a child's
annuity shall be $220 per month for each child while the spouse of
the deceased employee parent survives, and $250 per month for each
child when no such spouse survives, and shall be subject to the following
limitations:
(1) If the combined annuities for the widow and children of an employee
whose death resulted from injury incurred in the performance of duty, or
for the children where a widow does not exist, exceed 70% of the employee's
final monthly salary, the annuity for each child shall be reduced pro rata
so that the combined annuities for the family shall not exceed such
limitation.
(2) For the family of an employee whose death is the result of any cause
other than injury incurred in the performance of duty, in which the
combined annuities for the family exceed 60% of the employee's final
monthly salary, the annuity for each child shall be reduced pro rata so
that the combined annuities for the family shall not exceed such limitation.
(3) The increase in child's annuity provided by this amendatory Act of
1997 shall apply to all child's annuities being paid on or after
the effective date of this amendatory Act of 1997. The limitations on the combined
annuities for a family in parts (1) and (2) of this Section do not apply to
families of employees who died before the effective date of this amendatory Act
of 1997.
(4) The amendments to parts (1) and (2) of this Section made by Public
Act 84-1472 (eliminating the further limitation that the monthly
combined family amount shall not exceed $500 plus 10% of the employee's
final monthly salary) shall apply in the case of every qualifying child
whose employee parent dies in the service or enters on annuity on or after
January 23, 1987.
(Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97.)
|
(40 ILCS 5/8-160) (from Ch. 108 1/2, par. 8-160)
Sec. 8-160.
Duty disability benefit - Child's disability benefit.
An employee who becomes disabled after the effective
date while under age 65 and prior to January 1, 1979 or while under age
70 after January 1, 1979 as the result of an accidental injury incurred -
on or after the date
he has been included under this Article - in the performance of duty shall
receive duty disability benefit, during any period of such disability for
which he receives no salary. The benefit shall be 75% of salary at date of
injury; provided, that if disability, in any measure, has resulted from any
physical defect or disease which existed at the time such injury was
sustained the duty disability benefit shall be 50% of salary.
If the employee's duty disability benefit continues for more than 5
years, on January 1 of the sixth year such benefit shall be increased by 10%.
The employee shall also have a right to receive child's disability
benefit of $10 a month on account of each child less than age 18. Child's
disability benefit shall not exceed 15% of the salary as aforesaid; nor
shall the total duty disability benefit and child's disability benefit
combined exceed 90% of the salary of such employee in his position held at
the time of the injury.
The first payment of duty disability or child's disability benefit shall
be made not later than one month after such benefit is granted and each
subsequent payment shall be made not later than one month after the last
preceding payment.
Duty disability benefit is payable during disability until the employee
attains age 65 if the disability commences prior to January 1, 1979. If
the disability commences on or after January 1, 1979 the benefit prescribed
herein shall be payable during disability until the employee attains age 65
for disability commencing prior to age 60, or for a period of 5 years or
until attainment of age 70, whichever occurs first, for disability
commencing at age 60 or older and on or after January 1, 1979, and
child's disability benefit shall be paid to the
employee parent of any unmarried child less than age 18, during such time
until the child marries or attains age 18. The employee shall thereafter
upon withdrawal from service receive such annuity as is otherwise provided
in this Article.
Any employee whose duty disability benefit was terminated on or after
January 1, 1979 by reason of his attainment of age 65 and who continues to
be disabled after age 65 may elect before July 1, 1986 to have such
benefits resumed beginning at the time of such termination and continuing
until termination is required under this Section as amended by this
amendatory Act of 1985. The amount payable to any employee for such
resumed benefit for any period shall be reduced by the amount of any
retirement annuity paid to such employee under this Article for the same
period of time or by any refund paid in lieu of annuity.
(Source: P.A. 84-23.)
|
(40 ILCS 5/8-161) (from Ch. 108 1/2, par. 8-161)
Sec. 8-161.
Ordinary disability benefit.
An employee while under age
65 and prior to January 1, 1979, or while under age 70 and after January 1,
1979, who becomes disabled after the effective date as the result of any
cause other than injury incurred in the performance of duty, shall be
entitled to ordinary disability benefit during such disability, after
the first 30 days thereof.
The first payment shall be made not later than one month after the
benefit is granted and each subsequent payment shall be made not later
than one month after the last preceding payment.
The disability benefit prescribed herein shall cease when the first of
the following dates shall occur and the employee, if still disabled, shall
thereafter be entitled to such annuity as is otherwise provided in this
Article:
(a) the date disability ceases.
(b) the date the disabled employee attains age 65 for disability
commencing prior to January 1, 1979.
(c) the date the disabled employee attains age 65 for disability commencing
prior to attainment of age 60 in the service and after January 1, 1979.
(d) the date the disabled employee attains the age of 70 for disability
commencing after attainment of age 60 in the service and after January 1, 1979.
(e) the date the payments of the benefit shall exceed in the aggregate,
throughout the employee's service, a period equal to 1/4 of the total service
rendered prior to the date of disability but in no event more than 5 years.
In computing such total service any period during which the employee
received ordinary disability benefit shall be excluded.
Any employee whose ordinary disability benefit was terminated after
January 1, 1979 by reason of his attainment of age 65 and who continues
disabled after age 65 may elect before July 1, 1986 to have such benefits
resumed beginning at the time of such termination and continuing until
termination is required under this Section as amended by this amendatory Act
of 1985. The amount payable to any employee for such resumed benefit for
any period shall be reduced by the amount of any retirement annuity paid to
such employee under this Article for the same period of time or by any
refund paid in lieu of annuity.
Ordinary disability benefit shall be 50% of the employee's salary at
the date of disability.
For ordinary disability benefits paid before January 1, 2001, before any
payment, an amount equal to the sum ordinarily deducted from salary
for all annuity purposes for such period for which the ordinary disability
benefit is made shall be deducted from such payment and credited to the
employee as a deduction from salary for that period. The sums so deducted
shall be regarded, for annuity and
refund purposes, as an amount contributed by him.
For ordinary disability benefits paid on or after January 1, 2001, the fund
shall credit sums equal to the amounts ordinarily contributed by an employee
for annuity purposes for any period during which the employee receives ordinary
disability, and those sums shall be deemed for annuity purposes and purposes of
Section 8-173 as amounts contributed by the employee. These amounts credited
for annuity purposes shall not be credited for refund purposes.
If a participating employee is eligible for a disability benefit under the
federal Social Security Act, the amount of ordinary disability benefit under
this Section attributable to employment with the Chicago Housing Authority or
the Public Building Commission of the city shall be reduced, but not to less
than $10 per month, by the
amount that the employee would be eligible to receive as a disability benefit
under the federal Social Security Act, whether or not that federal benefit is
based on service as a covered employee under this Article. The reduction shall
be effective as of the month the employee is eligible for the social security
disability benefit. The Board may make this reduction pending determination
of eligibility for the social security disability benefit, if it appears to
the Board that the employee may be eligible, and make an appropriate adjustment
if necessary after eligibility for the social security disability benefit is
determined. If the employee's social security disability benefit is reduced
or terminated because of a refusal to accept rehabilitation services under
the federal Rehabilitation Act of 1973 or the federal Social Security Act
or because the employee is receiving a workers' compensation benefit, the
ordinary disability benefit under this Section shall be reduced as if the
employee were receiving the full social security disability benefit.
The amount of ordinary disability benefit shall not be reduced by reason of
any increase in the amount of social security disability benefit that takes
effect after the month of the initial reduction under this Section, other than
an increase resulting from a correction in the employee's wage records.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-161.1) (from Ch. 108 1/2, par. 8-161.1)
Sec. 8-161.1.
Limitations on payment of duty and ordinary disability.
(a) Disablement because of commonly termed heart attacks, or strokes, or
any disablement falling within the broad field of coronary involvement or
heart disease, shall not be considered to be the result of an accidental
injury incurred in the performance of duty.
(b) If application for disability benefit is not filed with the
Retirement Board within one year from the date the disability applicant
became disabled or last received salary if salary was continued during the
period of disablement, no disability benefit shall begin to accrue for any
period of time more than one year prior to the date on
which the application
for disability benefit is received by the Board.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/8-162) (from Ch. 108 1/2, par. 8-162)
Sec. 8-162. Proof of disability, duty and ordinary.
Proof of duty or ordinary disability shall be furnished to the board by
at least one licensed and practicing physician appointed by the board. The
board may require other evidence of disability. Each disabled employee who
receives duty or ordinary disability benefit shall be examined at least
once a year, or a longer period of time as determined by the board, by one or more licensed and practicing physicians appointed by
the board. When the disability ceases, the board shall discontinue payment
of the benefit and the employee shall be returned to active service.
(Source: P.A. 101-69, eff. 7-12-19.)
|
(40 ILCS 5/8-163) (from Ch. 108 1/2, par. 8-163)
Sec. 8-163. When disability benefit not payable. (a) If an employee
receiving duty or ordinary disability benefit refuses to submit to
examination by a physician appointed by the board, or fails or refuses to
consent to and sign an authorization allowing the board to receive copies
of or examine the employee's medical and hospital records, or fails or
refuses to provide complete information regarding any other employment for
compensation he has received since he has become disabled, he shall have no
further right to receive the benefit.
(b) Disability benefit shall not be paid for any time for which the
employee receives any part of his salary or is employed by any public
body supported in whole or in part by taxation.
(c) Before any action is taken by the Board on an application for a duty disability benefit or a widow's compensation or supplemental benefit, the employee or widow shall file a claim with the employer to establish that the disability or death occurred while the employee was acting within the scope of and in the course of his or her duties. Any amounts provided to the employee or surviving spouse as temporary total disability payments, permanent total disability payments, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act shall be applied as an offset to the disability benefit paid by the Fund, whether duty or ordinary, or any widow compensation or supplemental benefit payable under this Article until a period of time has elapsed when the benefit payable equals the amount of such compensation, payment, or award. The duty disability benefit shall be offset at the rate of the amount of temporary total disability payments or permanent disability payments made under the Workers' Compensation Act or the Workers' Occupational Diseases Act. If such amounts are not readily determinable or if an employee has not received temporary total disability payments or permanent weekly or monthly payments for the entire period of disability up to the time of the compensation, payment, or award under the Workers' Compensation Act or the Workers' Occupational Diseases Act, the disability benefit paid by the Fund shall be offset by 66 2/3% of the employee's salary on the date of disablement. The offset shall not be greater than the amount of disability benefits due from the Fund. The offset shall be applied until a period of time has elapsed when the benefit payable equals the amount of such compensation, payment, or award. This offset shall not apply to the initial days of disability when workers' compensation would not ordinarily be payable. The amount of compensation or supplemental annuity payable to a widow shall be offset by any compensation, payment, or award until a period of time has elapsed when the benefit payable equals the amount of such compensation, payment, or award. Any employee or former employee whose disability benefits were offset, or who was notified by the Fund that his or her disability benefits will be offset, by a rate higher than the temporary total disability payments or permanent disability payments, or if these were not determinable, by 66 2/3% of salary at the date of disablement, may apply to the Fund for a refund of the excess offset, without interest, or an adjustment to his or her account. This application must be made within 6 months after the effective date of this amendatory Act of the 95th General Assembly. If an employee who has been disabled has received ordinary disability from the Fund and also receives any compensation or payment for specific loss, disability, or death under the Workers' Compensation Act or the Workers' Occupational Diseases Act, then the ordinary disability benefit must be repaid to the Fund before any other benefit under this Article may be granted or paid. If no other benefit is applied for, then the ordinary disability is offset according to the provisions of this Section. The employee and the employer shall provide the Fund, on a timely basis, with the entry of the settlement contract lump sum petition and order settlement of any such lawsuit, including all details of the settlement.
(d) An employee who enters service after December 31, 1987, or an
employee who makes application for a disability benefit or applies for a
disability benefit for a recurrence of a previous disability, and who,
while in receipt of an ordinary or duty disability benefit, assumes any
employment for compensation, shall not be entitled to receive any amount of
such disability benefit which, when added to his compensation for such
employment during disability, plus any amount payable under the provisions
of the Workers' Compensation Act or Workers' Occupational Diseases Act,
would exceed the rate of salary on which his disability benefit is based.
(Source: P.A. 95-1036, eff. 2-17-09.)
|
(40 ILCS 5/8-164) (from Ch. 108 1/2, par. 8-164)
Sec. 8-164.
Annuity after withdrawal while disabled.
An employee whose disability continues after he has received ordinary
disability benefit for the maximum period of time prescribed by this
Article, and who withdraws before age 60 while still so disabled, is
entitled to receive annuity of such amount as can be provided from the
accumulation to his credit from employee contributions and city
contributions to be computed as of his age on the date of withdrawal.
The annuity to which his wife shall be entitled upon his death, shall
be fixed on the date of his withdrawal. It shall be provided from the
amount to his credit for widow's annuity on the date of such withdrawal.
Upon the death of any such employee while on annuity, if his service
was at least 4 years after the date of his original entry, and at least
2 years after the date of his latest re-entry, his child or children
under age 18 shall be entitled to annuity as specified in this Article
for children of an employee who retires after age 55, subject to
prescribed limitations on total payments to a family of an employee.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-164.1) (from Ch. 108 1/2, par. 8-164.1)
Sec. 8-164.1. Payments to city.
(a) For the purposes of this Section, "city annuitant" means a person
receiving an age and service annuity, a widow's annuity, a child's annuity, or
a minimum annuity under this Article as a direct result of previous employment
by the City of Chicago ("the city").
(b) The board shall pay to the city, on behalf of the board's city
annuitants who participate in any of the city's health care plans, the
following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per | ||
| ||
(2) Beginning July 1, 2008 and until such time as the | ||
| ||
The payments described in this subsection shall be paid from the tax levy
authorized under Section 8-173; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the city required under this subsection shall be charged against
it.
(c) The city health care plans referred to in this Section and the board's
payments to the city under this Section are not and shall not be construed to
be pension or retirement benefits for the purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
|
(40 ILCS 5/8-164.2)
Sec. 8-164.2. Payments to board of education for group health benefits.
(a) Should the Board of Education continue to sponsor a retiree health
plan, the board is authorized to pay to the Board of Education, on behalf of
each eligible annuitant who chooses to participate in the Board of Education's
retiree health benefit plan, the following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per | ||
| ||
(2) Beginning July 1, 2008 and until such time as the | ||
| ||
The payments described in this subsection shall be paid from the tax levy
authorized under Section 8-173; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the Board of Education under this subsection shall be charged
against it.
(b) The Board of Education health benefit plan referred to in this Section
and the board's payments to the Board of Education under this Section are
not and shall not be construed to be pension or retirement benefits for the
purposes of Section 5 of Article XIII of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
|
(40 ILCS 5/8-165) (from Ch. 108 1/2, par. 8-165)
Sec. 8-165. Re-entry into service. (a) Except as provided in subsection (c) or (d), when an employee receiving age and service or prior service
annuity who has withdrawn from service after the effective date
re-enters service before age 65, any annuity previously granted and any
annuity fixed for his wife shall be cancelled. The employee shall be
credited for annuity purposes with sums sufficient to provide annuities
equal to those cancelled, as of their ages on the date of re-entry;
provided, the maximum age of the wife for this purpose shall be as
provided in Section 8-155 of this Article.
The sums so credited shall provide for annuities to be fixed and
granted in the future. Contributions by the employees
and the city for
the purposes of this Article shall be made, and when the proper time
arrives, as provided in this Article, new annuities based upon the total
credit for annuity purposes and the entire term of his service shall be
fixed for the employee and his wife.
If the employee's wife died before he re-entered service, no part of
any credits for widow's or widow's prior service annuity at the time
annuity for his wife was fixed shall be credited upon re-entry into
service, and no such sums shall thereafter be used to provide such
annuity.
(b) Except as provided in subsection (c) or (d), when an employee re-enters service after age 65, payments on
account of any annuity previously granted shall be suspended during the
time thereafter that he is in service, and when he again withdraws,
annuity payments shall be resumed. If the employee dies in service, his
widow shall receive the amount of annuity previously fixed for her.
(c) For school years beginning on or after July 1, 2021, an age and service or prior service
annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a Special Education Classroom Assistant or Classroom Assistant on a temporary and non-annual basis or on an hourly basis so long as the person: (1) does not work for compensation on more than 120 days in a school year; or (2) does not accept gross compensation for the re-employment in a school year in excess of $30,000. These limitations apply only to school years that begin on or after July 1, 2021. Re-employment under this subsection does not require contributions, result in service credit being earned or granted, or constitute active participation in the Fund. (d) For school years beginning on or after July 1, 2023, an age and service or prior service annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a paraprofessional or related service provider on a temporary and non-annual basis or on an hourly basis so long as the person: (1) does not work for compensation on more than 120 days in a school year; or (2) does not accept gross compensation for the re-employment in a school year in excess of $30,000. These limitations apply only to school years that begin on or after July 1, 2023. Re-employment under this subsection does not require contributions, result in service credit being earned or granted, or constitute active participation in the Fund. (Source: P.A. 102-342, eff. 8-13-21; 103-552, eff. 8-11-23.)
|
(40 ILCS 5/8-166) (from Ch. 108 1/2, par. 8-166)
Sec. 8-166.
Re-entry into service-Prior employee.
An employee who was not in the service of an employer on the day
prior to the effective date, and who was in service prior to that date,
who re-enters service after that date and before age 65, shall not be
credited for prior service annuity or widow's prior service annuity on
account of service prior to the effective date. The period of service,
prior to the effective date shall, however, be included in computing
service for age and service annuity and widow's annuity. Such employee
shall be a future entrant for the purposes of this Article.
For any person employed by an employer prior to January 1, 1950, from
whose salary deductions were made for the purposes of this Article for
the first time after December 31, 1949, any service rendered prior to
January 1, 1922, unless he was in service on the day before the
effective date, shall not, regardless of any other provisions of this
Article, be counted as service for the purposes of this Article.
Contributions by the employee to whom this section
applies, and city
contributions for age and service annuity and widow's annuity, shall be
made as herein provided.
Any person employed by an employer or retirement board, in which this
Article was in force prior to January 1, 1950, who (1) was not a
participant in this fund on January 1, 1950, (2) attained age 65 before
July 1, 1950 and (3) fails to qualify as an employee by virtue of the 12
months' service requirement by July 1, 1950, shall not be credited for
any annuity purposes under this Article; nor shall any other person so
employed, who attains age 65 or more subsequent to July 1, 1950, and
before qualifying as an employee, be credited for any annuity purposes
under this Article. Such person shall not be considered an employee.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-167)
(from Ch. 108 1/2, par. 8-167)
Sec. 8-167. Restoration of rights. An employee who has withdrawn as a refund the amounts credited for
annuity purposes, and who (i) re-enters service of the employer and
serves for periods
comprising at least 90 days after the date of the last refund
paid to
him
or (ii) has completed at least 2 years of service under a participating
system (as defined in the Retirement Systems Reciprocal Act) other than this
Fund after the date of the last refund,
shall have his annuity rights restored by compliance with the
following provisions:
(a) After that 90 day or 2 year period, whichever | ||
| ||
(b) If payment is not made in a single sum, the | ||
| ||
(c) If the employee withdraws from service or dies in | ||
| ||
(d) If the employee repays the refund while | ||
| ||
This Section applies also to any person who received a refund from
any annuity and benefit fund or pension fund which was merged into and
superseded by the annuity and benefit fund provided for in this Article
on or after December 31, 1959. Upon repayment such person shall receive
credit for all annuity purposes in the annuity and benefit fund provided
for in this Article for the period of service covered by the repayment.
The amount of refund repayment is considered as salary deductions for
age and service annuity and widow's annuity purposes in the case of a
male person. In the latter case the amount of refund repayment is
allocated in the applicable proportion for age and service and widow's
annuity purposes. Such person shall also be credited with city
contributions for age and service annuity, and widow's annuity if a male
employee, in the amount which would have been credited and accrued if
such person had been a participant in and contributor to the annuity and
benefit fund provided for in this Article during the period of such
service on the basis of his salary during such period.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168)
Sec. 8-168. Refunds - Withdrawal before age 55 or age 62 or with less than 10
years of service.
1. An employee who first became a member before January 1, 2011, without regard to length of service, who withdraws
before age 55, and any employee with less than 10 years of service who
withdraws before age 60, shall be entitled to a refund of the
accumulated sums to his credit, as of the date of withdrawal, for age
and service annuity and widow's annuity from amounts contributed by him,
including interest credited and including amounts contributed for him
for age and service and widow's annuity purposes by the city while
receiving duty disability benefits; provided that such amounts contributed
by the city after December 31, 1981, while the employee is receiving duty
disability benefits,
and amounts credited to
the employee for annuity purposes by the fund after December 31, 2000, while
the
employee is receiving ordinary disability benefits,
shall not be credited for refund purposes. If he
is a present employee he shall
also be entitled to a refund of the accumulations from any sums
contributed by him, and applied to any municipal pension fund superseded
by this fund.
An employee who first becomes a member on or after January 1, 2011 who withdraws before age 62 without regard to length of service, or who withdraws with less than 10 years of service regardless of age, shall be entitled to a refund of the total sum accumulated to his credit as of date of withdrawal for age and service annuity and widow's annuity provided that such amounts contributed by the city while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund while the employee is receiving ordinary disability benefits shall not be credited for refund purposes. 2. Upon receipt of the refund, the employee surrenders and forfeits
all rights to any annuity or other benefits, for himself and for any
other persons who might have benefited through him; provided that he may
have such period of service counted in computing the term of his service
if he becomes an employee before age 65, excepting as limited by the
provisions of paragraph (a) (3) of Section 8-232 of this Article
relating to the basis of computing the term of service.
3. Any such employee shall retain such right to a refund of such
amounts when he shall apply for same until he re-enters the service or
until the amount of annuity shall have been fixed as provided in this
Article. Thereafter, no such right shall exist in the case of any such
employee.
4. Any such municipal employee who shall have served 10 or more
years and who shall not withdraw the amounts aforesaid to which he shall
have a right of refund shall have a right to annuity as stated in this
Article.
5. Any such municipal employee who shall have served less than 10
years and who shall not withdraw the amounts to which he shall have a
right to refund shall have a right to have all such amounts and all
other amounts to his credit for annuity purposes on date of his
withdrawal from service retained to his credit and improved by interest
while he shall be out of the service at the rate of 3 1/2% or 3% per
annum (whichever rate shall apply under the provisions of Section 8-155
of this Article) and used for annuity purposes for his benefit and the
benefit of any person who may have any right to annuity through him
because of his service, according to the provisions of this Article in
the event that he shall subsequently re-enter the service and complete
the number of years of service necessary to attain a right to annuity;
but such sum shall be improved by interest to his credit while he shall
be out of the service only until he shall have become 65 years of age.
(Source: P.A. 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/8-169) (from Ch. 108 1/2, par. 8-169)
Sec. 8-169.
Refund of widow's annuity deductions.
When a male employee is (1) unmarried when he attains age 65, (2)
married at age 65, and subsequently becomes a widower while still in
service, or (3) unmarried upon withdrawal before age 65 and enters upon
annuity, the sum accumulated from employee contributions for widow's
annuity shall be refunded to him.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-169.1) (from Ch. 108 1/2, par. 8-169.1)
Sec. 8-169.1.
Refund of salary deductions to widow.
If a male employee with less than 20 years of service dies while in
the service after attaining age 65 and leaves a widow eligible for
widow's annuity who does not qualify for minimum annuity for widows
under Section 8-150.1 of this Article and whose amount of widow's
annuity was thus fixed and determined when her husband attained age 65,
such widow shall have refunded upon her husband's death the accumulated
sums resulting from deductions made from the salary of her husband for
age and service annuity purposes after the date on which he attained age
65.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-170) (from Ch. 108 1/2, par. 8-170)
Sec. 8-170.
Refunds - When paid to beneficiary, children or estate.
Whenever the accumulations including interest credited thereon to the
account of a deceased employee from employee contributions for annuity
purposes, and from employee contributions applied to any municipal
pension fund superseded by this fund, have not been paid to him, and in
the case of a married male employee to the employee and his widow, both
together, in form of annuity or refund before the death of the last of
such persons, a refund shall be paid as follows:
An amount equal to the excess of such amounts over the amounts paid
on any annuity or annuities or refund, without interest upon either of
such amounts, shall be refunded to a beneficiary theretofore designated
by the employee in writing, signed by him before an officer authorized
to administer oaths, and filed with the board before the employee's
death.
If there is no designated beneficiary or the beneficiary does not
survive the employee, the amount shall be refunded to the employee's
children, in equal parts, with the children of a deceased child taking
the share of their parent. If there is no designated beneficiary or
children, the refund shall be paid to the administrator or executor of
the employee's estate. If an administrator or executor of the estate has
not been appointed within 90 days from the date the refund became
payable, the refund may be applied, in the discretion of the board,
toward the payment of the employee's burial expenses. Any remaining
balance shall be paid to the heirs of the employee according to the law
of descent and distribution of this State, but assuming for the purpose
of such payment of refund and determination of heirs that the deceased
male employee left no widow surviving him where a widow eligible for
widow's annuity survived him and subsequently died; provided, that if
any children of the employee are less than age 18, such part or all of
any such amount necessary to pay annuities to them shall not be refunded
as hereinbefore stated but shall be transferred to the child's annuity
reserve and used therein for the payment of such annuities; and provided
further, that if a reversionary annuity becomes payable, such refund
shall not be paid until the death of the reversionary annuitant, and the
refund otherwise payable under this Section shall then be further
reduced by the amount of the reversionary annuity paid.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171)
Sec. 8-171.
Refund in lieu of annuity.
In lieu of an annuity, an employee
who withdraws and whose annuity would amount to less than $800 a month for
life, may elect to receive a refund of his accumulated contributions for
annuity purposes, based on the amounts contributed by him.
The widow of any employee, eligible for annuity upon the death of her
husband, whose widow's annuity would amount to less than $800 a
month for life, may, in lieu of widow's annuity, elect to receive a refund
of the accumulated contributions for annuity purposes, based on the amounts
contributed by her deceased employee husband, but reduced by any amounts
theretofore paid to him in the form of an annuity or refund out of such
accumulated contributions.
Accumulated contributions shall mean the amounts - including the interest
credited thereon - contributed by the employee for age and service and widow's
annuity to the date of his withdrawal or death, whichever first occurs,
including any amounts contributed for him as salary deductions while receiving
duty disability benefits, and, if not otherwise included, any accumulations
from sums contributed by him and applied to any pension fund superseded by this
fund; provided that such amounts contributed by the city after December 31,
1981 while the employee is receiving duty disability benefits and amounts
credited to the employee for annuity purposes by the fund after December 31,
2000 while the employee is receiving ordinary disability shall not be
included.
The acceptance of such refund in lieu of widow's annuity, on the part of
a widow, shall not deprive a child or children of the right to receive a
child's annuity as provided for in Sections 8-158 and 8-159 of this Article,
and neither shall the payment of a child's annuity in the case of such refund
to a widow reduce the amount herein set forth as refundable to such widow
electing a refund in lieu of widow's annuity.
(Source: P.A. 91-887, eff. 7-6-00; 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-172)
(from Ch. 108 1/2, par. 8-172)
Sec. 8-172. Refunds - Transfer of city contributions. Whenever any
amount is refunded as provided in Sections 8-168 and 8-169, except in
the case of a male employee who becomes a widower while in
service after he becomes age 65, the amounts to the credit of the male
employee from contributions by the city shall be transferred to the prior
service annuity reserve. Thereafter, except as otherwise provided in Section
8-172.1, any such amounts shall become a credit
to the city and, with interest thereon at the effective rate, be used to
reduce the amount which the city would otherwise pay during a succeeding
year.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/8-172.1)
Sec. 8-172.1. Transfer of city contributions for paramedics.
(a) Municipality credits computed and credited under this Article 8 for all
persons who (1) accumulated service credit in this Article 8 fund for service
as a paramedic, (2) have terminated that Article 8 service credit and received
a refund of contributions, and (3) are participants in the Article 6 fund on
the effective date of this amendatory Act of the 96th General Assembly shall
be transferred by this Article 8 fund to the Article 6 fund together with
interest at the actuarially assumed rate, compounded annually, to the date of
transfer. The city shall not be responsible for making any additional employer
contributions to the Fund to replace the amounts transferred under this
Section.
(b) Municipality credits computed and credited under this Article 8 for all
persons who (1) accumulated service credit in this Article 8 fund for service
as a paramedic, (2) have terminated that Article 8 service credit and received
a refund of contributions, and (3) are not participants in the Article 6 fund
on the effective date of this amendatory Act of the 93rd General Assembly shall
be used as provided in Section 8-172.
(Source: P.A. 96-727, eff. 8-25-09.) |
(40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
Sec. 8-173. Financing; tax levy.
(a) Except as provided in subsection (f) of this Section, the city council
of the city shall levy a tax annually upon all taxable property in the city at
a rate that will produce a sum which, when added to the amounts deducted from
the salaries of the employees or otherwise contributed by them and the
amounts deposited under subsection (f), will be sufficient for the
requirements of this Article, but which when extended will produce an amount
not to exceed the greater of the following: (a) the sum obtained by the levy
of a tax of .1093% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property within such city, or (b) the sum of
$12,000,000.
However any city in which a Fund has been established and in operation
under this Article for more than 3 years prior to 1970 shall
levy for the year 1970 a tax at a rate on the dollar of assessed
valuation of all taxable property that will produce, when extended, an
amount not to exceed 1.2 times the total amount of contributions made by
employees to the Fund for annuity purposes in the calendar year 1968,
and, for the year 1971 and 1972 such levy that will produce, when
extended, an amount not to exceed 1.3 times the total amount of
contributions made by employees to the Fund for annuity
purposes in the calendar years 1969 and 1970, respectively; and for the
year 1973 an amount not to exceed 1.365 times such total amount of
contributions made by employees for annuity purposes in the calendar
year 1971; and for the year 1974 an amount not to exceed 1.430 times
such total amount of contributions made by employees for annuity
purposes in the calendar year 1972; and for the year 1975 an amount not
to exceed 1.495 times such total amount of contributions made by
employees for annuity purposes in the calendar year 1973; and for the year 1976
an amount not to exceed 1.560 times such total amount of contributions made by
employees for annuity purposes in the calendar year 1974; and for the year 1977
an amount not to exceed 1.625 times such total amount of contributions made by
employees for annuity purposes in the calendar year 1975; and for the year 1978
and each year thereafter through levy year 2016, such levy as will produce, when
extended, an amount not to exceed the total amount of
contributions made by or on behalf of employees to the Fund for annuity
purposes in the calendar year 2 years prior to the year for which the annual
applicable tax is levied, multiplied by 1.690 for the years 1978 through 1998
and by 1.250 for the year 1999 and for each year thereafter through levy year 2016. Beginning in levy year 2017, and in each year thereafter, the levy shall not exceed the amount of the city's total required contribution to the Fund for the next payment year, as determined under subsection (a-5). For the purposes of this Section, the payment year is the year immediately following the levy year.
The tax shall be levied and collected in like manner with the general
taxes of the city, and shall be exclusive of and in addition to the
amount of tax the city is now or may hereafter be authorized to levy for
general purposes under any laws which may limit the amount of tax which
the city may levy for general purposes. The county clerk of the county
in which the city is located, in reducing tax levies under the
provisions of any Act concerning the levy and extension of taxes, shall
not consider the tax herein provided for as a part of the general tax
levy for city purposes, and shall not include the same within any
limitation of the percent of the assessed valuation upon which taxes are
required to be extended for such city.
Revenues derived from such tax shall be paid to the city treasurer of
the city as collected and held by the city treasurer for the benefit of the fund.
If the payments on account of taxes are insufficient during any year
to meet the requirements of this Article, the city may issue tax
anticipation warrants against the current tax levy.
The city may continue to use other lawfully available funds in lieu of all or part of the levy, as provided under subsection (f) of this Section. (a-5) (1) Beginning in payment year 2018, the city's required annual contribution to the Fund for payment years 2018 through 2022 shall be: for 2018, $266,000,000; for 2019, $344,000,000; for 2020, $421,000,000; for 2021, $499,000,000; and for 2022, $576,000,000. (2) For payment years 2023 through 2058, the city's required annual contribution to the Fund shall be the amount determined by the Fund to be equal to the sum of (i) the city's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined on a level percentage of applicable employee payroll basis (reflecting any limits on individual participants' pay that apply for benefit and contribution purposes under this plan) that is sufficient to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund by the end of 2058. (3) For payment years after 2058, the city's required annual contribution to
the Fund shall be equal to the amount, if any, needed to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund as of the end of the year. In making the determinations under paragraphs (2) and (3) of this subsection, the actuarial calculations shall be determined under the entry age normal actuarial cost method, and any actuarial gains or losses from investment return incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following the fiscal year. To the extent that the city's contribution for any of the payment years referenced in this subsection is made with property taxes, those property taxes shall be levied, collected, and paid to the Fund in a like manner with the general taxes of the city. (a-10) If the city fails to transmit to the Fund contributions required of it under this Article by December 31 of the year in which such contributions are due, the Fund may, after giving notice to the city, certify to the State Comptroller the amounts of the delinquent payments, and the Comptroller must, beginning in payment year 2018, deduct and deposit into the Fund the certified amounts or a portion of those amounts from the following proportions of grants of State funds to the city: (1) in payment year 2018, one-third of the total | ||
| ||
(2) in payment year 2019, two-thirds of the total | ||
| ||
(3) in payment year 2020 and each payment year | ||
| ||
The State Comptroller may not deduct from any grants of State funds to the city more than the amount of delinquent payments certified to the State Comptroller by the Fund. (b) On or before July 1, 2017, and each July 1 thereafter, the board shall certify to the
city council the annual amounts required under this Article, for which the tax herein
provided shall be levied for the following year. The board shall compute
the amounts necessary to be credited to the reserves established and
maintained as herein provided, and shall make an annual determination of
the amount of the required city contributions, and certify the results
thereof to the city council.
(c) In respect to employees of the city who are transferred to the
employment of a park district by virtue of the "Exchange of Functions
Act of 1957", the corporate authorities of the park district shall
annually levy a tax upon all the taxable property in the park district
at such rate per cent of the value of such property, as equalized or
assessed by the Department of Revenue, as shall be
sufficient, when added to the amounts deducted from their salaries and
otherwise contributed by them to provide the benefits to which they and
their dependents and beneficiaries are entitled under this Article. The city
shall not levy a tax hereunder in respect to such employees.
The tax so levied by the park district shall be in addition to and
exclusive of all other taxes authorized to be levied by the park
district for corporate, annuity fund, or other purposes. The county
clerk of the county in which the park district is located, in reducing
any tax levied under the provisions of any act concerning the levy and
extension of taxes shall not consider such tax as part of the general
tax levy for park purposes, and shall not include the same in any
limitation of the per cent of the assessed valuation upon which taxes
are required to be extended for the park district. The proceeds of the
tax levied by the park district, upon receipt by the district, shall be
immediately paid over to the city treasurer of the city for the uses and
purposes of the fund.
The various sums to be contributed by the city and park district and
allocated for the purposes of this Article, and any interest to be
contributed by the city, shall be derived from the revenue from the taxes
authorized in this Section or otherwise as expressly provided
in this Section.
If it is not possible or practicable for the city to make
contributions for age and service annuity and widow's annuity at the
same time that employee contributions are made for such
purposes, such city contributions shall be construed to be due and
payable as of the end of the fiscal year for which the tax is levied and
shall accrue thereafter with interest at the effective rate until paid.
(d) With respect to employees whose wages are funded as participants
under the Comprehensive Employment and Training Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, subsequent to October 1, 1978, and in instances
where the board has elected to establish a manpower program reserve, the
board shall compute the amounts necessary to be credited to the manpower
program reserves established and maintained as herein provided, and
shall make a periodic determination of the amount of required
contributions from the City to the reserve to be reimbursed by the
federal government in accordance with rules and regulations established
by the Secretary of the United States Department of Labor or his
designee, and certify the results thereof to the City Council. Any such
amounts shall become a credit to the City and will be used to reduce the
amount which the City would otherwise contribute during succeeding years
for all employees.
(e) In lieu of establishing a manpower program reserve with respect
to employees whose wages are funded as participants under the
Comprehensive Employment and Training Act of 1973, as authorized by
subsection (d), the board may elect to establish a special municipality
contribution rate for all such employees. If this option is elected, the
City shall contribute to the Fund from federal funds provided under the
Comprehensive Employment and Training Act program at the special rate so
established and such contributions shall become a credit to the City and
be used to reduce the amount which the City would otherwise contribute
during succeeding years for all employees.
(f) In lieu of levying all or a portion of the tax required under this
Section in any year, the city may deposit with the city treasurer for the benefit of the fund, to be held in accordance with
this Article, an amount that, together with the taxes levied under this Section
for that year, is not less than the amount of the city contributions for that
year as certified by the board to the city council. The deposit may be derived
from any source legally available for that purpose, including, but not limited
to, the proceeds of city borrowings. The making of a deposit shall satisfy
fully the requirements of this Section for that year to the extent of the
amounts so deposited. Amounts deposited under this subsection may be used by
the fund for any of the purposes for which the proceeds of the tax levied by
the city under this Section may be used, including the payment of any amount
that is otherwise required by this Article to be paid from the proceeds of that
tax.
(Source: P.A. 100-23, eff. 7-6-17.) |
(40 ILCS 5/8-173.1)
Sec. 8-173.1. (Repealed).
(Source: P.A. 98-641, eff. 6-9-14. Repealed by P.A. 100-23, eff. 7-6-17.)
|
(40 ILCS 5/8-174)
(from Ch. 108 1/2, par. 8-174)
Sec. 8-174. Contributions for age and service annuities for present
employees and future entrants.
(a) Beginning on the effective date and prior to July 1, 1947, 3
1/4%; and beginning on July 1, 1947 and prior to July 1, 1953, 5%; and
beginning July 1, 1953, and prior to January 1, 1972, 6%; and beginning
January 1, 1972, 6-1/2% of each payment of the salary of each present
employee and future entrant, except as provided in subsection (a-5) and (a-10), shall be contributed to the fund as a
deduction from salary for age and service annuity.
(a-5) Except as provided in subsection (a-10), for an employee who made the election under item (i) of subsection (d-10) of Section 1-160: prior to the effective date of this amendatory Act of the 100th General Assembly, 6.5%; and beginning on the effective date of this amendatory Act of the 100th General Assembly and prior to January 1, 2018, 7.5%; and beginning January 1, 2018 and prior to January 1, 2019, 8.5%; and beginning January 1, 2019 and thereafter, employee contributions for those employees who made the election under item (i) of subsection (d-10) of Section 1-160 shall be the lesser of: (i) the total normal cost, calculated using the entry age normal actuarial method, projected for the prior fiscal year for the benefits and expenses of the plan of benefits applicable to those members and participants who first became members or participants on or after the effective date of this amendatory Act of the 100th General Assembly and to those employees who made the election under item (i) of subsection (d-10) of Section 1-160, but not less than 6.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and Section 8-182 of this Article; or (ii) the aggregate employee contribution consisting of 9.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and 8-182 of this Article. For the one-year period beginning with the first pay period in January of each year after the date when the funded ratio of the fund as determined in the annual actuarial valuation is first determined to have reached the 90% funding goal, and each subsequent one-year period thereafter for as long as the fund maintains a funding ratio of 75% or more, employee contributions for age and service annuity for those employees who made the election under item (i) of subsection (d-10) of Section 1-160 shall be 5.5% of each payment of salary. If the funding ratio falls below 75%, then employee contributions for age and service annuity for those employees who made the election under item (i) of subsection (d-10) shall revert to the lesser of: (A) the total normal cost, calculated using the entry age normal actuarial method, projected for the prior fiscal year for the benefits and expenses of the plan of benefits applicable to those members and participants who first became members or participants on or after the effective date of this amendatory Act of the 100th General Assembly and to those employees who made the election under item (i) of subsection (d-10) of Section 1-160, but not less than 6.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and Section 8-182 of this Article; or (B) the aggregate employee contribution consisting of 9.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and 8-182 of this Article. If the fund once again is determined to have reached a funding ratio of 75%, the 5.5% of salary contribution for age and service annuity shall resume. An employee who made the election under item (ii) of subsection (d-10) of Section 1-160 shall continue to have the contributions for age and service annuity determined under subsection (a) of this Section. If contributions are reduced to less than the aggregate employee contribution described in item (ii) or item (B) of this subsection due to application of the normal cost criterion, the employee contribution amount shall be consistent for that fiscal year. The normal cost, for the purposes of this subsection (a-5) and subsection (a-10), shall be calculated by an independent enrolled actuary mutually agreed upon by the fund and the City. The fees and expenses of the independent actuary shall be the responsibility of the City. For purposes of this subsection (a-5), the fund and the City shall both be considered to be the clients of the actuary, and the actuary shall utilize participant data and actuarial standards to calculate the normal cost. The fund shall provide information that the actuary requests in order to calculate the applicable normal cost. (a-10) For each employee subject to subsection (c-5) of Section 1-160, 9.5% of each payment of salary shall be contributed to the fund as a deduction from salary for age and service annuity. Beginning January 1, 2018 and each year thereafter, employee contributions for each employee subject to this subsection (a-10) shall be the lesser of: (i) the total normal cost, calculated using the entry age normal actuarial method, projected for the prior fiscal year for the benefits and expenses of the plan of benefits applicable to those members and participants who first become members or participants on or after the effective date of this amendatory Act of the 100th General Assembly and to those employees who made the election under item (i) of subsection (d-10) of Section 1-160, but not less than 6.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and Section 8-182 of this Article; or (ii) the aggregate employee contribution consisting of 9.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and Section 8-182 of this Article. For the one-year period beginning with the first pay period in January of each year after the date when the funded ratio of the fund as determined in the annual actuarial valuation is first determined to have reached the 90% funding goal, and each subsequent one-year period thereafter for as long as the fund maintains a funding ratio of 75% or more, employee contributions for age and service annuity for each employee subject to this subsection (a-10) shall be 5.5% of each payment of salary. If the funding ratio falls below 75%, then employee contributions for age and service annuity for each employee subject to this subsection (a-10) shall revert to the lesser of: (A) the total normal cost, calculated using the entry age normal actuarial method, projected for the prior fiscal year for the benefits and expenses of the plan of benefits applicable to those members and participants who first become members or participants on or after the effective date of this amendatory Act of the 100th General Assembly and to those employees who made the election under item (i) of subsection (d-10) of Section 1-160, but not less than 6.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and Section 8-182 of this Article; or (B) the aggregate employee contribution consisting of 9.5% of each payment of salary combined with the employee contributions provided for in subsection (b) of Section 8-137 and Section 8-182 of this Article. If the fund once again is determined to have reached a funding ratio of 75%, the 5.5% of salary contribution for age and service annuity shall resume. If contributions are reduced to less than the aggregate employee contribution described in item (ii) or item (B) of this subsection (a-10) due to application of the normal cost criterion, the employee contribution amount shall be consistent for that fiscal year. Such deductions beginning on the effective date and prior to July 1,
1947 shall be made for a future entrant while he is in the service until
he attains age 65 and for a present employee while he is in the service
until the amount so deducted from his salary with the amount deducted
from his salary or paid by him according to law to any municipal pension
fund in force on the effective date with interest on both such amounts
at 4% per annum equals the sum that would have been to his credit from
sums deducted from his salary if deductions at the rate herein stated
had been made during his entire service until he attained age 65 with
interest at 4% per annum for the period subsequent to his attainment of
age 65. Such deductions beginning July 1, 1947 shall be made and
continued for employees while in the service.
(b) Concurrently with each employee contribution, the city shall contribute beginning on the effective date and prior to July 1, 1947, 5 3/4%; and beginning July 1, 1947 and prior to July 1, 1953, 7%; and beginning July 1, 1953 and prior to July 6, 2017, 6% of each payment of such salary until the employee attains age 65. Beginning July 6, 2017, the Fund shall credit sums equal to 6% of each payment of such salary for annuity purposes. The amounts credited for annuity purposes shall not be credited for refund purposes.
(c) Each employee contribution made prior to the date the age and
service annuity for an employee is fixed and each corresponding city
contribution shall be credited to the employee and allocated to the
account of the employee for whose benefit it is made.
(d) Notwithstanding Section 1-103.1, the changes to this Section made by this amendatory Act of the 100th General Assembly apply regardless of whether the employee was in active service on or after the effective date of this amendatory Act of the 100th General Assembly.(Source: P.A. 100-23, eff. 7-6-17; 100-1166, eff. 1-4-19.) |
(40 ILCS 5/8-174.1)
(from Ch. 108 1/2, par. 8-174.1)
Sec. 8-174.1. Employer contributions on behalf of employees.
(a) The
employer may make and may incur an obligation to make
contributions on behalf of its employees in an amount not to exceed the
employee contributions required by Sections 8-137, 8-161, 8-174,
8-182 and 8-182.1 for all salary earned after December 31, 1981. If such
employee contributions are not made or an obligation to make such contributions
is not incurred by the employer on behalf of its employees, the amount that
could have been contributed shall continue to be deducted from salary. If
employee contributions are made by the employer on behalf of its employees,
they shall be treated as employer contributions in determining tax treatment
under the United States Internal Revenue Code; however, each city shall
continue to withhold Federal and State income taxes based upon these
contributions until the Internal Revenue Service or the Federal courts rule
that pursuant to Section 414(h) of the United
States Internal Revenue Code, these contributions shall not be included
as gross income of the employee until such time as they are distributed
or made available. The employer may make these contributions on behalf
of its employees by a reduction in the cash salary of the employee or by
an offset against a future salary increase or by a combination of a reduction
in salary and offset against a future salary increase. The employer shall
pay these employee contributions from the same source of funds used in paying
salary to the employee or, if the employer is a Board of Education, it may also
or alternatively pay such contributions in whole or in part from the proceeds
of the pension contribution liability tax authorized by Section 34-60.1
of the School Code, as amended. If such a tax is levied with respect to
any fiscal year of a Board of Education, that portion of the contributions
to be paid by the Board of Education on behalf of its employees for that
fiscal year from the proceeds of such a tax shall not be due and payable
into the Fund until the collection, in the calendar year following the calendar
year in which such levy was made, of the actual tax bills extending the
second installment of real estate taxes for the Board of Education for that
calendar year, pursuant to Section 21-30 of the Property Tax Code, and such Board of Education shall not
be required to pay those contributions to be paid from the proceeds of such a
tax into the Fund except as collected from the extension of the actual tax
bills. If employee contributions are made by the employer on behalf of its
employees, they shall be treated for all purposes
of this Article 8, including Section 8-173, in the same manner and to the
same extent as employee contributions made by employees and deducted from
salary; provided, however, that contributions which are made by a Board
of Education on behalf of its employees shall not be treated as a pension
or retirement obligation of the Board of Education for purposes of Section
12 of "An Act in relation to State revenue sharing with local governmental
entities", approved July 31, 1969, as amended. For purposes of Section
8-173, contributions made by a Board of Education on behalf of its employees
shall be treated as contributions made by or on behalf of employees to the
Fund for the fiscal year for which the Board of Education incurred the
obligation to make such contributions.
(b) Subject to the requirements of federal law and the rules of the Board,
the Fund may allow the employee to elect to have the employer make on behalf of
the employee the
optional contributions that the employee has elected to pay to the Fund, and
the contributions so made on the employee's behalf shall be treated as employer
contributions for
the purpose of determining federal tax treatment. The employer shall make
contributions on behalf of an employee by a reduction in the cash salary of the
employee and shall
pay contributions from the same source of funds that is used to pay earnings of
the employee. The election to have the contributions made on the employee's
behalf is irrevocable,
and the optional contributions may not thereafter be prepaid, by direct payment
or otherwise.
If the provision authorizing the optional contribution requires payment by a
stated date (rather than the date of withdrawal or retirement), the requirement
will be deemed to have been satisfied if (i) on or before the stated date the
employee executes a valid irrevocable election to have the contributions made
on his or her behalf under this subsection, and (ii) the
contributions made on his or her behalf are in fact paid
to the Fund as provided in the election.
If employee contributions are made by the employer on the employee's behalf
under this subsection, they shall be
treated for all purposes of this Article 8, including Section 8-173, in the
same manner and to the same extent as optional employee contributions made
prior to the date made on the employee's behalf.
(Source: P.A. 93-654, eff. 1-16-04.)
|
(40 ILCS 5/8-174.2) Sec. 8-174.2. (Repealed).(Source: P.A. 98-641, eff. 6-9-14. Repealed by P.A. 103-443, eff. 8-4-23.) |
(40 ILCS 5/8-175) (from Ch. 108 1/2, par. 8-175)
Sec. 8-175.
Additional credits-Public school employees.
The board shall ascertain the contributions of each employee who on June
30, 1923, was a contributor to any municipal pension fund then in operation
in the city under the Public School Employee's Pension Act of 1903, and
which were applied to such fund between the day before the effective date
and July 1, 1923. Each such employee shall be credited with the total
employee contributions with interest thereon at the effective rate from the
last day of each month in which any such amount has been contributed to
July 1, 1923.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-176) (from Ch. 108 1/2, par. 8-176)
Sec. 8-176.
Additional credits-To July 1, 1923.
The board shall also ascertain the service rendered by each present
employee who did not attain age 65 prior to July 1, 1923, and the service
rendered by each future entrant between the day before the effective date
and July 1, 1923. Each such employee shall be credited with 5 3/4% of his
annual salary during such service, with interest thereon at the effective
rate to July 1, 1923, upon the assumption that 1/12 of such 5 3/4% of such
annual salary was due at the end of each month of such service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-177) (from Ch. 108 1/2, par. 8-177)
Sec. 8-177.
Additional credits-To July 1, 1935.
The board shall also ascertain the service rendered by each employee who
was employed by the board on June 30, 1935, between the day before the
effective date and July 1, 1935, or the date he attained age 65, prior to
July 1, 1935, and shall credit him with 5 3/4% of his annual salary during
such service with interest thereon at the effective rate to July 1, 1935,
or the date he attained age 65, upon the assumption that 1/12 of such 5
3/4% of such annual salary was due at the end of each month of such
service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-178) (from Ch. 108 1/2, par. 8-178)
Sec. 8-178.
Credit-Employees in certain other superseded funds.
Every employee who, on December 31, 1959, was a contributor to an
annuity and benefit fund in the city under the Court and Law Department
Employee's Annuity Act, or under the Board of Election Commissioner's
Employees' Annuity Act shall receive credits in this fund as follows:
For service prior to January 1, 1960, as of January 1, 1960, for the
accumulated employee contributions and city contributions respectively
standing to his credit for age and service and prior service annuity on
December 31, 1959 in such other fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-178.1) (from Ch. 108 1/2, par. 8-178.1)
Sec. 8-178.1.
Credit - Employees in superseded Public Library Employes'
Pension Fund. Every employee who, on December 31, 1965, was a contributor and
participant in the fund in operation in the city on such date created under and
by virtue of the Public Library Employes' Pension Act shall receive credit as
follows:
For service prior to January 1, 1966, a city contribution for age and
service annuity purposes, of an amount equal to the amount which would have
accumulated to his credit from city contributions for age and service
annuity to such date, including interest at the effective rate, had he been
a participant and contributor during all of his service prior to such date;
and, if a present employee in service on the effective date, a city
contribution for prior service annuity equal to the amount otherwise
provided for present employees as a city contribution for prior service.
Each such employee shall also be credited on such date with the then
accumulated amounts, including any interest credited thereon, resulting
from contributions made by him and applied to such Public Library Employes'
Pension Fund, and such amounts shall be treated as salary deductions.
(Source: Laws 1965, p. 2300.)
|
(40 ILCS 5/8-178.2) (from Ch. 108 1/2, par. 8-178.2)
Sec. 8-178.2.
Credit-Employees in superseded House of Correction Employees'
Pension Fund.
Every employee who, on December 31, 1968, was a contributor and
participant in the fund in operation in the city on such date created under
and by virtue of the House of Correction Employees' Pension Act shall
receive credit as follows:
For service prior to January 1, 1969, a city contribution for age and
service annuity purposes, of an amount equal to the amount which would have
accumulated to his credit from city contributions for age and service
annuity to such date, including interest at the effective rate, had he been
a participant and contributor during all of his service credited as service
in such House of Correction Employees' Pension Fund prior to such date. The
maximum salary to be considered for the purpose of computing the amount of
the aforesaid city contributions shall not exceed the highest amount of
salary considered for salary deduction purposes under the law governing
such House of Correction Employees' Pension Fund at the date such salary
deductions were made, and the actual rate of salary--not to exceed such
highest amount--shall also be applicable in determining salary for all
annuity purposes covering, involving, or requiring salary determination for
any particular year prior to the year 1968.
Each such employee shall also be credited on such date with the then
accumulated amounts, resulting from contributions made by him and applied
to such House of Correction Employees' Pension Fund (not including the
additional 2% contributions made from salaries of male employees since July
1, 1965 which are to be credited as salary deductions for Widows' Annuity
purposes) and such amounts shall be treated as salary deductions.
(Source: Laws 1968, p. 181.)
|
(40 ILCS 5/8-179) (from Ch. 108 1/2, par. 8-179)
Sec. 8-179.
Additional credit-Present employees.
The board shall also ascertain the service rendered by each present
employee who attained age 65 subsequent to the day before the effective
date and prior to July 1, 1923, between the said first named date and the
date he attained age 65. Each such employee shall be credited with 5 3/4%
of his annual salary during such service, with interest thereon at the
effective rate to the date he attained age 65, upon the assumption that
1/12 of such 5 3/4% of such annual salary was due at the end of each month
of such service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-180) (from Ch. 108 1/2, par. 8-180)
Sec. 8-180.
Additional contributions and credits-All employees.
Any employee in service on July 1, 1947 may elect to make additional
contributions while in service which shall not exceed 7/13 of the sum
accumulated on July 1, 1947, or at age 65 if he attained such age prior
thereto, for age and service annuity resulting from his contributions plus
interest credited subsequent to January 1, 1922. The time and manner of
making such additional contributions shall be prescribed by the board.
Concurrently with each such additional contribution, the city shall
contribute 1 and 4/10 times the additional contributions.
These contributions shall be improved at interest at the rate and in
like manner as other employee and city contributions; provided, that the
employee while in service may request a refund of all or any part of his
contributions, without interest, or shall have them refunded to him,
without interest, when he retires on annuity or to his widow, if and to the
extent they do not serve to increase the annuity otherwise payable to him
or his widow.
By such refund the employee or his widow surrenders and forfeits all
rights which might otherwise have accrued by virtue of any amount so
refunded, including related city contributions.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-180.1) (from Ch. 108 1/2, par. 8-180.1)
Sec. 8-180.1.
Credit for service as counsel of the Chicago Welfare
Administration. Any person who shall have rendered service before 1941 as
special corporation counsel of the Chicago Welfare Administration, for which service
no credit has been granted in this fund or in any other public pension fund
or retirement
system in this State by whatever name called, may establish credit in this
fund for all or as much
as that person may desire of such service for a period not to exceed 50% of all
of the service rendered by paying into the fund an employee contribution plus
the employer contribution equal to the payments which would have been required
if such service has been rendered as a participant in the fund, based on the
rates of compensation in effect at the time the service was rendered, and rates of
contributions that are in effect today with interest thereon at 4% per annum,
compounded annually, from the date such service was rendered to the date of payment.
(Source: P.A. 80-1419.)
|
(40 ILCS 5/8-180.2) (from Ch. 108 1/2, par. 8-180.2)
Sec. 8-180.2.
Any person who has at least 8 years of service credit
in the Fund may establish service credit in the Fund for any period during
which he served as Executive Director of the Chicago Land Clearance Commission,
Executive Director of the Chicago Dwellings Association, or Administrator
of the Illinois-Indiana Bi-State Commission, and was otherwise ineligible
to participate in the Fund, by paying to the Fund before April 1, 1984 an
amount equal to (1) employee contributions based on the actual compensation
received and the rate of contribution in effect on the date of payment;
plus (2) an amount representing employer contributions, equal to the amount
specified in subdivision (1); plus (3) interest thereon at the rate of
6% per annum, compounded annually, from the date of service to the date of
payment.
(Source: P.A. 83-802.)
|
(40 ILCS 5/8-181) (from Ch. 108 1/2, par. 8-181)
Sec. 8-181.
Interest credits-All employees.
Amounts credited for age and service and prior service annuity shall be
improved by interest at the effective rate during the time thereafter an
employee is in service until his annuity is fixed if a present employee or
until attainment of age 65 if a future entrant.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-182) (from Ch. 108 1/2, par. 8-182)
Sec. 8-182.
Contributions for widow's annuity for widows of present employees and
future entrants.
(a) Beginning on the effective date, 1%, and from and after January 1,
1966, 1 1/2% of each payment of salary shall be contributed by each male
employee for widow's annuity as a deduction from salary. Deductions shall
be continued during service until the employee attains age 65.
(b) Concurrently with each employee contribution, the city beginning on
the effective date and prior to July 1, 1947 shall contribute 1 3/4% of
salary; and beginning on July 1, 1947 2% of salary.
(c) Each employee contribution made prior to the date when the amount of
widow's annuity for the employee is fixed, and each concurrent city
contribution shall be allocated to the account of and credited to the
employee for whose benefit it is made.
(Source: Laws 1965, p. 2795.)
|
(40 ILCS 5/8-182.1) (from Ch. 108 1/2, par. 8-182.1)
Sec. 8-182.1.
Contributions by female employees.
(a) Effective as of October 1, 1974, each female employee shall
contribute at the same rates as a
male employee for widow's annuity or
other benefits, to the end that like credits may be established and
maintained for both male and female employees for all purposes of this
Article with respect to annuities, benefits, contribution rates, refunds
and other provisions of this Article.
(b) Any female employee shall have the option of making
contributions for the aforesaid purposes covering the period prior to
October 1, 1974, and receiving pension credits therefor, including the
concurrent credits from city contributions. Such contributions shall
include interest at 4% per annum from the dates such contributions
should have been made from the beginning of their service to the dates
of payments to the end that equal credits may be provided for all
employees under this Article.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-183) (from Ch. 108 1/2, par. 8-183)
Sec. 8-183.
Additional credits - widow's annuities - public school employees.
(a) Each married male present employee who on June 30, 1923, was a
contributor to a municipal pension fund in the city under the Public School
Employees' Pension Act of 1903, and who attained age 65 subsequent to the
day before the effective date and prior to July 1, 1923, shall be credited
for widow's annuity as follows:
1 3/4% of his annual salary during the time between the day before the
effective date and the date he attained age 65, for such service, with
interest thereon at the effective rate to age 65, upon the assumption that
1/12 of such 1 3/4% of such annual salary was due on the last day of each
month of such service.
(b) Each male present employee, who on June 30, 1923, was a contributor
to a municipal pension fund in the city under the Public School Employees'
Pension Act of 1903, and who did not attain age 65 before July 1, 1923,
shall be credited for widow's annuity as follows:
1 3/4% of annual salary during his service between the day before the
effective date, and July 1, 1923, for such service, with interest thereon
at the effective rate to July 1, 1923, upon the assumption that 1/12 of
such 1 3/4% of such annual salary was due on the last day of each month of
such service.
(c) Each male future entrant who on June 30, 1923, was a contributor to
a municipal pension fund in the city under the Public School Employees'
Pension Act of 1903 shall be credited for widow's annuity with 1 3/4% of
his annual salary during his service between the day before the effective
date and July 1, 1923, for the term of his service, with interest thereon
at the effective rate to July 1, 1923, upon the assumption that 1/12 of
such 1 3/4% of such annual salary was due on the last day of each month of
such service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-184) (from Ch. 108 1/2, par. 8-184)
Sec. 8-184.
Additional credit-Widow's annuity-Retirement board employees.
Each male employee who on June 30, 1935 was an employee of the board,
shall be credited with 1 3/4% of his annual salary during his service
between the day before the effective date and July 1, 1935, or the date he
attained age 65 prior to July 1, 1935, for the term of service, with
interest thereon at the effective rate to July 1, 1935, or the date he
attained age 65, upon the assumption that 1/12 of such 1 3/4% of such
annual salary was due on the last day of each month of service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-185) (from Ch. 108 1/2, par. 8-185)
Sec. 8-185.
Widow's annuity credit-All employees in certain other superseded funds.
A male employee who, on December 31, 1959, was a contributor to an
annuity and benefit fund in the city under the Court and Law Department
Employees' Annuity Act, or under the Board of Election Commissioners
Employees' Annuity Act shall receive a credit in this fund as follows:
In lieu of other amounts provided herein for service prior to January 1,
1960, he shall be credited in his like account in this fund, as of January
1, 1960, with the accumulated employee contributions and city contributions
respectively standing to his credit in such other fund or funds for widow's
annuity and widow's prior service annuity on December 31, 1959.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-185.1) (from Ch. 108 1/2, par. 8-185.1)
Sec. 8-185.1.
Widow's annuity credit - Employees in superseded Public
Library Employes' Fund. A male employee who, on December 31, 1965 was a
contributor and participant in the fund in operation in the city on such date
created under and by virtue of the Public Library Employes' Pension Act shall
receive credit as follows:
For service prior to January 1, 1966, a city contribution for widow's
annuity purposes of an amount equal to the amount which would have
accumulated to his credit from city contributions for widow's annuity to
such date, including interest at the effective rate, had he been a
participant and contributor during all of his service prior to such date;
and if a present employee in service on the effective date, a city
contribution for widow's prior service annuity equal to the amount
otherwise provided for present employees as city contributions for widow's
annuity purposes.
(Source: Laws 1965, p. 2300.)
|
(40 ILCS 5/8-185.2) (from Ch. 108 1/2, par. 8-185.2)
Sec. 8-185.2.
Widow's annuity credit-Employees in superseded House of
Correction Employee's Pension Fund.
A male employee who, on December 31, 1968 was a contributor and
participant in the fund in operation in the city on such date created under
and by virtue of the House of Correction Employees' Pension Act shall
receive credit as follows:
For service prior to January 1, 1969, a city contribution for widow's
annuity purposes of an amount equal to the amount which would have
accumulated to his credit from city contributions for widow's annuity to
such date, including interest at the effective rate, had he been a
participant and contributor during all of his service credited as service
in such House of Correction Employees' Pension Fund prior to such date. The
maximum salary to be considered for the purpose of computing the amount of
the aforesaid city contributions shall not exceed the highest amount of
salary considered for salary deduction purposes under the law governing
such House of Correction Employees' Pension Fund at the date such salary
deductions were made, and the actual rate of salary--not to exceed such
highest amount--shall also be applicable in determining salary for all
annuity purposes covering, involving, or requiring salary determination for
any particular year prior to the year 1968.
Each such employee shall also be credited on such date with the then
accumulated amounts, resulting from the additional 2% contributions made
from his salary since July 1, 1965 and applied to such House of Correction
Employees' Pension Fund, and such amounts shall be treated as salary
deductions made for widow's annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-186) (from Ch. 108 1/2, par. 8-186)
Sec. 8-186.
Widow's annuity-Interest credits-All employees.
Amounts credited for widow's annuity and for widow's prior service
annuity shall be improved by interest at the effective rate during the time
thereafter an employee is in service until he attains age 65.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-187) (from Ch. 108 1/2, par. 8-187)
Sec. 8-187.
Contributions by city for duty disability benefit.
In lieu of all amounts ordinarily contributed by an employee and the
city for age and service annuity, and widows' annuity, the city shall
contribute sums equal to such amounts for any period during which the
employee receives duty disability benefit under this Article, or a
temporary total disability benefit under the Workers' Compensation Act if
the disability results from a condition commonly termed heart attack or
stroke or any other condition falling within the broad field of coronary
involvement or heart disease, to be credited to the disabled employee for
annuity purposes.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/8-188) (from Ch. 108 1/2, par. 8-188)
Sec. 8-188.
Contributions by city for ordinary disability benefit.
The city shall contribute all amounts ordinarily contributed by it for
annuity purposes for any employee receiving ordinary disability benefit as
though he were in active discharge of his duties during such period of
disability.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-189) (from Ch. 108 1/2, par. 8-189)
Sec. 8-189.
Contributions by city for prior service annuities and pensions under former
acts, and for other purposes.
The city shall contribute annually, from the sum produced by the tax
levy herein authorized, all sums required for the purposes of this Article
other than those stated in this Section.
The balance of the sum produced by the tax levy shall be applied for the
following purposes:
(a) The city shall make contributions to provide prior service and
widow's prior service annuities, and other annuities, pensions and benefits
which have been or shall be allowed or granted under any of the following
Acts or in accord with the following described provisions:
1. The Municipal pension fund Act as defined in Section 8-123 of this
Article with further reference to Section 8-238; Public School Employees'
Pension Act of 1903, Sections 8-107 and 8-239; Court and Law Department
Employees' Annuity Act, Sections 8-105 and 8-240; Board of Election
Commissioners Employees' Annuity Act, Sections 8-106 and 8-240; Public
Library Employees' Pension Act, Sections 8-107.1 and 8-240.1; House of
Correction Employees' Pension Act, Sections 8-107.2 and 8-240.2.
2. To meet such part of any minimum annuity as shall be in excess of the
age and service annuity and prior service annuity; and such part of any
minimum annuity for widows as shall be in excess of the widow's annuities
and widow's prior service annuity; also for the purpose of providing the
city cost of automatic increases in annuity after retirement in accord with
Section 8-137, and for any other purpose for which moneys are not otherwise
provided in this Article.
3. To provide a sufficient balance in the investment and interest
reserve to permit a transfer from that reserve to other reserves of the
fund;
4. To credit to the city contribution reserve such amounts required from
the city but not contributed by it for age and service and prior service
annuities, and widows' annuities and widows' prior service annuities.
(b) All such contributions shall be credited to the prior service
annuity reserve. When the balance of this reserve equals its liabilities
(including in addition to all other liabilities, the present values of all
annuities, present or prospective, according to the applicable mortality
tables and rates of interest), the city shall cease to contribute the sum
stated in this section.
Whenever the balance of the investment and interest reserve is not
sufficient to permit a transfer from that reserve to any other reserve, the
city shall contribute sums sufficient to make possible such transfer;
provided, that if annexation of territory and the employment by the city of
any employee of any such territory at the time of annexation, after the
city has ceased to contribute as herein provided, results in additional
liabilities for prior service annuity and widow's prior service annuity for
any such employee, contributions by the city for such purposes shall be
resumed.
(Source: P.A. 76-1301.)
|
(40 ILCS 5/8-190) (from Ch. 108 1/2, par. 8-190)
Sec. 8-190.
Contribution by city for administration costs.
The city shall contribute from revenue derived from taxes herein
authorized, the amount necessary to defray costs of administration of the
fund. Beginning July 1, 1987, the board shall estimate and approve
a budget for the entire cost of administration of the fund required each
year to be contributed by the city by
its regular January meeting for the current fiscal year.
(Source: P.A. 85-964.)
|
(40 ILCS 5/8-191) (from Ch. 108 1/2, par. 8-191)
Sec. 8-191.
Estimates of sums required for certain annuities and benefits.
The board shall estimate the amounts required each year to pay for all
annuities and benefits and administrative expenses. The amounts shall be
paid into the fund annually by the city from the prescribed tax levy.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-192) (from Ch. 108 1/2, par. 8-192) Sec. 8-192. Board created. A board of 5 members shall constitute a Board of Trustees authorized to
carry out the provisions of this Article. The board shall be known as the
Retirement Board of the Municipal Employees', Officers', and Officials'
Annuity and Benefit Fund of the city, or for the sake of brevity may also
be known and referred to as the Retirement Board of the Municipal
Employees' Annuity and Benefit Fund of such city. The board shall consist
of the city comptroller, the city treasurer, and 3 members who shall be
employees, to be elected as follows: Within 30 days after the effective date, the mayor of the city shall
arrange for and hold an election. One employee shall be elected for a term ending on the first day in the
month of December of the first year next following the effective date; one
for a term ending December 1st of the following year; and one for a term
ending on December 1st of the second following year. The city comptroller, with the approval of the board, may appoint a
designee from among employees of the city who are versed in the affairs of
the comptroller's office to act in the absence of the comptroller on all
matters pertaining to administering the provisions of this Article. The city treasurer, with the approval of the board, may appoint a designee from among employees of the city who are versed in the affairs of the treasurer's office to act in the absence of the treasurer on all matters pertaining to administering the provisions of this Article. The members of a Retirement Board of a municipal employees', officers',
and officials' annuity and benefit fund holding office in a city at the
time this Article becomes effective, including elective and ex-officio
members, shall continue in office until the expiration of their terms and
until their respective successors are elected or appointed and have
qualified. An employee member who takes advantage of the early retirement incentives
provided under this amendatory Act of the 93rd General Assembly may continue as
a member until the end of his or her term.(Source: P.A. 96-1427, eff. 1-1-11.) |
(40 ILCS 5/8-193) (from Ch. 108 1/2, par. 8-193)
Sec. 8-193.
Board elections.
In each year, the board shall conduct a regular election, under rules
adopted by it, at least 30 days prior to the expiration of the term of
the employee member whose term next expires, for the election of a
successor for a term of 3 years. Each employee member and his successor
shall be an employee who holds a position by certification and
appointment as a result of a competitive civil service examination as
distinguished from temporary appointment for a period of not less than 5
years prior to the date of election or so holds a position which is not
exempt from the classified or the personnel ordinance by a city that adopted
a career service ordinance. At any such election including the
initial election and special elections to fill vacancies in such office,
all persons who are employee participants at the time such election is
held, shall have a right to vote. The ballot shall be of secret
character.
Any elective member of the board shall hold office until his
successor is elected and qualified.
Any person elected or appointed as a member of the board shall
qualify by taking an oath of office to be administered by the city
clerk. A copy thereof shall be kept in the office of the city clerk.
(Source: P.A. 81-782.)
|
(40 ILCS 5/8-194) (from Ch. 108 1/2, par. 8-194)
Sec. 8-194.
Board vacancy.
A vacancy in the membership of the board shall be filled as follows:
If the vacancy is that of an ex-officio member, the mayor of the city
shall appoint a person to serve until a person qualified as hereinbefore
described shall assume the duties of member. If the vacancy is that of an
elective office the remaining elective members of the board shall appoint a
successor from among the employees who shall serve until an employee is
elected and qualified for the remainder of the unexpired term. The employee
shall be elected at a special election to be held concurrently with and in
the same manner as the next regular election for an employee member.
Any elective member who leaves the service of the employer or becomes a
member of any other annuity and benefit fund, or any pension fund, shall
automatically cease to be a member of the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-195) (from Ch. 108 1/2, par. 8-195)
Sec. 8-195.
Board officers.
The board shall elect annually at its regular December meeting from
among its members, by a majority vote of the members voting upon the
question, a president and a recording secretary who shall serve,
respectively, until a successor is elected. The secretary shall keep a
complete record of the proceedings of all board meetings and perform such
other duties as the board directs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-196) (from Ch. 108 1/2, par. 8-196)
Sec. 8-196.
Board meetings.
The board shall hold regular meetings in the months of March, June,
September and December annually and special meetings as it deems necessary.
A majority of the members shall constitute a quorum for the transaction of
business at any meeting, but no annuity or benefit shall be granted or
payments made by the fund unless ordered by a vote of a majority of the
board members.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-197) (from Ch. 108 1/2, par. 8-197)
Sec. 8-197.
Board powers and duties.
The board shall have the powers and duties stated in Sections 8-198 to
8-209, inclusive, in addition to such other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-198) (from Ch. 108 1/2, par. 8-198)
Sec. 8-198.
To supervise collections.
To see that all amounts specified in this Article to be applied to the
fund, from any source, are collected and applied.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-199) (from Ch. 108 1/2, par. 8-199)
Sec. 8-199.
To notify of deductions.
To notify the city comptroller and the Board of Education of the city
and the chief clerk of the board of the deductions
to be made from the salaries of employees.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-200) (from Ch. 108 1/2, par. 8-200)
Sec. 8-200.
To accept gifts.
To accept by gift, grant, bequest or otherwise any money or property of
any kind and use the same for the purposes of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-201) (from Ch. 108 1/2, par. 8-201)
Sec. 8-201.
To invest the reserves.
To invest the reserves of the fund in
accordance with Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
1-115 of this Act. Investments made in accordance with Section 1-113 shall be
deemed to be prudent.
The retirement board may sell any security held by it at any time it deems it
desirable.
The board may enter into agreements and execute documents that it
determines to be necessary to complete any investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities in its own
name or in the name of a nominee created for the express purpose of
registration of securities by a savings and loan association or national or
State bank or trust company authorized to conduct a trust business in the State
of Illinois.
Investments shall be carried at cost or at book value in accordance with
accounting procedures approved by the board. No adjustments shall be made in
investments carrying values for ordinary current market price fluctuations, but
reserves may be provided to account for possible losses or unrealized gains, as
determined by the board.
The book value of investments held by the fund in commingled investment
accounts shall be the cost of its units of participation in those commingled
accounts as recorded on the books of the board.
The board of trustees of any fund established under this Article may
not transfer its investment authority, nor transfer the assets of the fund,
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing that transfer
is submitted for approval to the contributors and retirees of the fund at
elections held not less than 30 days after the adoption of the
resolution by the board and the resolution is approved by a
majority of the votes cast on the question in both the contributors election
and the retirees election. The election procedures and qualifications
governing the election of trustees shall govern the submission of resolutions
for approval under this paragraph, insofar as they may be made applicable.
(Source: P.A. 90-31, eff. 6-27-97.)
|
(40 ILCS 5/8-201.1) (from Ch. 108 1/2, par. 8-201.1)
Sec. 8-201.1.
The Board may lend securities owned by the Fund to a borrower
upon such terms and conditions as may be mutually agreed in writing. Such
agreement shall provide that during the period of such loan the Fund shall
retain the right to receive, or collect from the borrower, all dividends,
interest rights, or any distributions to which the Fund would have otherwise
been entitled. The borrower shall deposit with the Fund as collateral for
such loan cash, U.S. Government securities, or letters of credit equal
to the market value of the securities at the time the
loan is made and shall increase the amount of collateral if and when the
Fund shall request an additional amount because of subsequent increased
market value of the securities.
The period for which the securities may be loaned shall not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/8-202) (from Ch. 108 1/2, par. 8-202)
Sec. 8-202.
To have an audit.
To have an audit of the accounts of the fund made at least once each
year by certified public accountants.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-203) (from Ch. 108 1/2, par. 8-203)
Sec. 8-203.
To authorize payments.
To authorize or suspend the payment of any annuity or benefit in
accordance with this Article. The board shall have exclusive original
jurisdiction in all matters relating to the fund, including, in addition to
all other matters, all claims for annuities, pensions, benefits or refunds.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-204) (from Ch. 108 1/2, par. 8-204)
Sec. 8-204.
To determine service credits.
To require each employee to file a statement concerning service rendered
the employer, the Retirement Board, and the Board of Trustees of any
municipal pension fund as defined in this Article, prior to the effective
date. The board shall make a determination of the length of such service
and establish from any available information, the period of service
rendered prior to the effective date.
Such determination shall be conclusive unless the board reconsiders and
changes its determination.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-205) (from Ch. 108 1/2, par. 8-205)
Sec. 8-205.
To issue certificate of prior service.
To issue a certificate showing the entire period of service rendered by
a present employee prior to the effective date and the amounts to his
credit for prior service and widow's prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-206) (from Ch. 108 1/2, par. 8-206)
Sec. 8-206.
To submit an annual report.
To submit a report in June of each year to the city council of the city
as of the close of business on December 31st of the preceding year. The
report shall contain a detailed statement of the affairs of the fund, its
income and expenditures, and assets and liabilities, and the status of the
several reserves.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-207) (from Ch. 108 1/2, par. 8-207)
Sec. 8-207.
To subpoena witnesses.
To compel witnesses to attend and testify before it upon any matter
concerning the fund and allow witness fees not in excess of $6 for
attendance upon any one day. The president and other members of the board
may administer oaths to witnesses.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-207.1) Sec. 8-207.1. To reproduce records. To have any records kept by the board photographed, microfilmed, or digitally or electronically reproduced in accordance with the Local Records Act. The photographs, microfilm, and digital and electronic reproductions shall be deemed original records and documents for all purposes, including introduction in evidence before all courts and administrative agencies.
(Source: P.A. 104-392, eff. 8-15-25.) |
(40 ILCS 5/8-208) (from Ch. 108 1/2, par. 8-208)
Sec. 8-208.
To appoint employees.
To appoint such actuarial, medical,
legal, clerical or other employees as are necessary and fix their
compensation. The board shall develop procedures for obtaining, by contract
or employment, any necessary professional assistance including investment
advisors and managers, auditors, actuaries, and medical and legal
professionals, for any vacancies which may arise after December 31, 1987.
(Source: P.A. 85-964.)
|
(40 ILCS 5/8-209) (from Ch. 108 1/2, par. 8-209)
Sec. 8-209.
To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-210) (from Ch. 108 1/2, par. 8-210)
Sec. 8-210.
Moneys to be held on deposit.
To make the payments authorized by this Article, the board may keep and
hold uninvested a sum not in excess of the amounts required to make such
payments estimated to be due in the following 90 days. Such sum or any part
thereof shall be kept on deposit only in any bank or savings and loan
association authorized to do business. The
amount which may be deposited in any such bank or savings and loan association
shall not exceed 25% of its
paid up capital and surplus.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement, established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
|
(40 ILCS 5/8-211) (from Ch. 108 1/2, par. 8-211)
Sec. 8-211.
Accounting.
An adequate system of accounts and records shall
be established to give effect to the requirements of this Article, and
shall be maintained in accordance with generally accepted accounting
principles. The reserves designated in Sections 8-212 to 8-221, inclusive,
shall be maintained.
(Source: P.A. 85-964.)
|
(40 ILCS 5/8-212) (from Ch. 108 1/2, par. 8-212)
Sec. 8-212.
Expense reserve.
Amounts contributed by the city to defray the cost of administration of
the fund shall be credited to this reserve. Expenses of administration
shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-213) (from Ch. 108 1/2, par. 8-213)
Sec. 8-213.
City contribution reserve.
Amounts contributed by the
city for age and service annuity, widow's annuity and supplemental
annuity (except those in lieu of deductions from the salary contributed
of an employee who receives duty disability benefit), the assets of the
public school employees' pension fund superseded by this fund on July 1,
1923 which were transferred to this reserve, and all amounts transferred
to this reserve from the investment and interest reserve, shall be
credited to this reserve.
At least once each year, before any transfer shall be made from this
reserve to any other reserve, the sums credited in this reserve shall be
improved by interest.
When the annuity for an employee or his widow is fixed, and when
supplemental annuity for a widow first becomes payable, the amount in
this reserve for such annuity shall be transferred to the annuity
payment reserve.
If the credit in this reserve of any employee who withdraws from
service before he attains age 65 is in excess of that required for his
age and service annuity, or in excess of that required for widow's
annuity (either or both), such amounts shall be retained in this reserve
and improved by interest at the effective rate until the employee
becomes age 65 or dies, whichever occurs first. Any such amounts shall
then be used to reduce city contributions.
With respect to employees whose wages are funded as participants
under CETA, the board may elect to establish a separate manpower program
reserve or account for funds made available by the federal government
towards the employer's contribution. The manpower program reserve will
be administered as is the City contribution reserve, except that where
at variance it will be administered in accordance with the rules and
regulations established by the Secretary of the United States Department
of Labor or his designee.
At the time that employees previously funded as participants under
CETA lose their participant status and obtain unsubsidized employment
with the employer, unsubsidized employment with another employer
provided that benefits are portable, or obtain vesting status, as
defined by the Secretary of Labor or his designee, a transfer of funds
equivalent to the amount of contributions made for such employees will
be made out of the manpower program reserve. For prior CETA participants
who continue as employees in public service which is covered by a
participating retirement system, the sums will be credited to the
regular City contribution reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-214) (from Ch. 108 1/2, par. 8-214)
Sec. 8-214.
Employee's contribution reserve.
Amounts deducted from employee's salaries for age and service annuity
and widow's annuity, or otherwise contributed by employees, amounts
contributed by the city for such annuities for an employee receiving
duty disability benefit, the assets of the public school employees'
pension fund superseded by this fund on July 1, 1923, which were
transferred to this reserve, and amounts transferred to this reserve
from the investment and interest reserve, shall be credited to this
reserve.
An individual account shall be kept in this reserve for each employee
to which such salary deductions, interest, and contributions shall be
credited. At least once each year, and before any transfer shall be made
from this reserve to any other reserve the sums credited in this reserve
shall be improved by interest.
When the annuity for any employee or his widow is fixed or granted,
the amount in this reserve for such annuities shall be transferred to
the annuity payment reserve.
There shall be charged to this reserve amounts refunded as provided
in this Article, except refunds under Section 8-215.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-215) (from Ch. 108 1/2, par. 8-215)
Sec. 8-215.
Annuity payment reserve.
Amounts transferred from the city contribution reserve and the
employee's contribution reserve for annuities which have been fixed,
amounts deducted from an employee's salary after the age and service
annuity has been fixed, and amounts transferred to this reserve from the
investment and interest reserve, shall be credited to this reserve.
Age and service annuities and widow's annuities shall be charged to
this reserve. Amounts refunded in accordance with Section 8-170 and
Section 8-154 of this Article shall be charged to this reserve.
When an employee whose annuity was fixed or granted re-enters service
before age 65, an amount determined under the provisions governing
re-entry into service shall be charged to this reserve and transferred
to the city contribution reserve and the employee's contribution
reserve, respectively, for age and service annuity. Such amount shall be
divided in said reserves in the same ratio as that in which the previous
transfer from such reserve to this reserve was made.
If the wife of the employee, when he re-enters service, is the same
as when the widow's annuity was fixed, an amount to be determined under
the provisions governing re-entry into service shall be transferred from
this reserve and credited for widow's annuity in the city contribution
reserve and the employee's contribution reserve, respectively. Such
credit shall be in the same ratio as that in which the previous transfer
was made.
If at the end of any year the balance of the annuity payment reserve
exceeds the liabilities chargeable thereto by more than 15% of the
liabilities, the excess shall be transferred to the investment and
interest reserve, ordinary disability reserve, expense reserve, prior
service annuity reserve, and city contribution reserve, in the order
named, to remove any deficiency existing in any such reserves, provided
that at the end of each year such amount as may be necessary for
employees of the board for service rendered prior to July 1, 1935 shall
be transferred to the city contribution reserve before any transfer to
any of the other reserves shall be made.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-216) (from Ch. 108 1/2, par. 8-216)
Sec. 8-216.
Prior service annuity reserve.
Amounts contributed by the city for prior service annuity, widow's prior
service annuity and minimum annuities, shall be credited to this reserve.
All assets of any Municipal Pension Fund as herein defined in the city on
the effective date, which were received by the board, and all assets of any
municipal pension fund created under the Public School Employees' Pension
Act of 1903, which were received by the board, shall also be credited to
this reserve.
Prior service and widow's prior service annuities payable under this
Article and all annuities, benefits and pensions, granted or which shall be
granted to any employee by any such Municipal Pension Fund or School
Employees' Pension Fund, and that part of any minimum annuity which is in
excess of the age and service and prior service annuity shall be charged to
this reserve.
If the balance of the investment and interest reserve is not sufficient
to permit a transfer from that reserve to the annuity payment reserve of
amounts necessary according to applicable mortality table and interest rate
to make the balance of the annuity payment reserve equal to the liabilities
chargeable thereto (including the present values of all annuities entered
upon or fixed and of all annuities not entered upon), amounts necessary for
such purpose shall be transferred from this reserve to the investment and
interest reserve.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-217) (from Ch. 108 1/2, par. 8-217)
Sec. 8-217.
Child's annuity reserve.
Amounts contributed by the city for child's annuity shall be credited to
this reserve and such annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-218) (from Ch. 108 1/2, par. 8-218)
Sec. 8-218.
Duty disability reserve.
Amounts contributed by the city for duty disability benefits and child's
disability benefits, and amounts contributed by the city for compensation
annuity shall be credited to this reserve. Such benefits and annuities
shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-219) (from Ch. 108 1/2, par. 8-219)
Sec. 8-219.
Ordinary disability reserve.
Amounts contributed by the city for ordinary disability benefits shall
be credited to this reserve and such benefits shall be charged to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-220) (from Ch. 108 1/2, par. 8-220)
Sec. 8-220.
Gift reserve.
Money or property received by the board for any purpose, under other
laws, or as gifts, grants, or bequests, or in any manner other than
provided in any section of this Article shall be credited to this reserve
and used for such purposes of the fund as are approved by the board. The
balance in this reserve shall be improved by interest at the effective
rate.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-221) (from Ch. 108 1/2, par. 8-221)
Sec. 8-221.
Investment and interest reserve.
(1) Gains from investments and interest earnings shall be credited to
this reserve. Losses from investments shall be charged to it. From this
reserve shall be transferred amounts due in interest upon balances existing
in the city contribution, the salary deduction, the prior service annuity,
and the gift reserves.
(2) Amounts necessary according to the American Experience Table of
Mortality and interest at the rate of 4% per annum or the Combined Annuity
Mortality Table and interest at the rate of 3% per annum, as to those
assets or liabilities to which either table may be applicable in accordance
with the provisions of this Article, to establish a balance in the annuity
payment reserve equal to the liabilities chargeable thereto (including the
present values of all annuities entered upon, or fixed and not entered
upon, to be charged to such reserve) shall be transferred to the annuity
payment reserve at least once each year.
(3) That portion of the annual investment earnings on the fund's
invested assets exclusive of gains or losses on sales or exchanges of
assets during the year on the fund's invested assets, as specified in
Section 8-137.1 of this Article, shall be transferred from the investment
and interest reserve to the Supplementary Payment Reserve set forth in
Section 8-137.1.
Any balance in the investment and interest reserve shall be either
charged or credited to the Prior Service Annuity Reserve depending on
whether a deficiency or surplus exists in said investment and interest
reserve.
(Source: P.A. 76-1302.)
|
(40 ILCS 5/8-222) (from Ch. 108 1/2, par. 8-222)
Sec. 8-222.
Deficiencies in reserves.
If the balance in the expense
reserve, the prior service annuity reserve, the child's annuity reserve,
the duty disability reserve or the ordinary disability reserve, either
of these, is not sufficient to provide for expenses, annuities, or
benefits chargeable thereto, the deficiency shall be removed by a
transfer from the following reserves in the order stated: City
contribution reserve; prior service annuity reserve; employee's contribution
reserve; annuity payment reserve. When any excess exists in any of the
said reserves to which a transfer was made, the excess shall be
transferred from any of such reserves to the reserves from which a
transfer had been made until the full sum previously transferred is
restored. Interest of 4% per annum upon such transfers and retransfers
shall be credited to the investment and interest reserve.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-223) (from Ch. 108 1/2, par. 8-223)
Sec. 8-223.
Treasurer of fund.
The city treasurer shall be ex-officio the treasurer and custodian of
the fund and shall furnish to the board a bond of such amount as the board
designates, which shall indemnify the board against any loss which may
result from any action or failure to act by him or any of his agents. Fees
and charges incidental to the procuring of such bond shall be paid by the
board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-224) (from Ch. 108 1/2, par. 8-224)
Sec. 8-224.
Attorney.
The chief legal officer of the city shall be the legal advisor of and
attorney for the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-225) (from Ch. 108 1/2, par. 8-225)
Sec. 8-225.
Computation of term of service, annual salary, salary deductions,
and actual compensation.
For the purpose of this Article, term of service, annual salary,
salary deductions and actual
compensation shall be computed as provided
in Sections 8-226 to 8-235, inclusive.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
Sec. 8-226. Computation of service.
In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and
ending on the day before the effective date, except any intervening period
during which he was separated by withdrawal from service, shall be counted
for all purposes of this Article, except that for any employee who was not
in service on the day before the effective date, service rendered prior to
such date shall not be considered for the purposes of Section 8-138.
For a person employed by an employer for whom this Article was in effect
prior to January 1, 1950, from whose salary deductions are first made under
this Article after December 31, 1949, any period of service rendered prior
to the effective date, unless he was in service on the day before the
effective date, shall not be counted as service.
The time a person was an employee of any territory annexed to the city
prior to the effective date shall be counted as a period of service.
In computing the term of service of any employee subsequent to the day
before the effective date, the following periods shall be counted as
periods of service for age and service, widow's and child's annuity
purposes:
(a) The time during which he performed the duties of | ||
| ||
(b) Vacations, leaves of absence with whole or part | ||
| ||
(c) Leaves of absence without pay that begin before | ||
| ||
(d) Any period of disability for which he received | ||
| ||
(e) Any period for which contributions and service | ||
| ||
For a person employed by an employer in which the 1921 Act was in effect
prior to January 1, 1950, from whose salary deductions are first made under
the 1921 Act or this Article after December 31, 1949, any period of service
rendered subsequent to the effective date and prior to the date he became
an employee and contributor, shall not be counted as a period of service
under this Article,
except such period for which he made payment as
provided in Section 8-230 of this Article, in which case such period shall
be counted as a period of service for all annuity purposes hereunder.
In computing the term of service of an employee subsequent to the day
before the effective date for ordinary disability benefit purposes, all
periods described in the preceding paragraph, except any such period for
which he receives ordinary disability benefit, shall be counted as periods
of service; provided, that for any person employed by an employer in which
this Article was in effect prior to January 1, 1950, from whose salary
deductions are first made under this Article after December 31, 1949, any
period of service rendered subsequent to the effective date and prior to
the date he became an employee and contributor, shall not be counted as a
period of service for ordinary disability benefit purposes, unless the person
made payment for the period as provided in Section 8-230 of this Article, in
which case the period shall be counted as a period of service for ordinary
disability purposes for periods of disability on or after the effective date of
this amendatory Act of 1997.
Overtime or extra service shall not be included in computing any term of
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year. For the purposes of this Section, the phrase "any pension plan established by the local labor organization" means any pension plan in which a participant may receive credit as a result of his or her membership in the local labor organization, including, but not limited to, the local labor organization itself and its affiliates at the local, intrastate, State, multi-state, national, or international level. The definition of this phrase is a declaration of existing law and shall not be construed as a new enactment.
(Source: P.A. 97-651, eff. 1-5-12.)
|
(40 ILCS 5/8-226.1) (from Ch. 108 1/2, par. 8-226.1)
Sec. 8-226.1.
(a) Any active member of the General Assembly Retirement System
may apply for transfer of his credits and creditable service accumulated
under this Fund to the General Assembly System. Such credits and creditable
service shall be transferred forthwith. Payment by this Fund to the General
Assembly Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding any additional
or optional credits, which credits shall be refunded to the applicant; and
(2) municipality credits computed and credited under this Article including
interest, on the books of the Fund on the date the member terminated service
under the Fund. Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the General Assembly who has service credits and
creditable service under the Fund may establish additional service credits
and creditable service for periods during which he was an elected official
and could have elected to participate but did not so elect. Service credits
and creditable service may be established by payment to the fund of an amount
equal to the contributions he would have made if he had elected to participate,
plus interest to the date of payment.
(c) An active member of the General Assembly may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(d) An active member of the General Assembly having no service credits
or creditable service in the Fund may establish service credit and creditable
service for periods during which he was an employee and could have elected
to participate in the Fund but did not so elect, by paying to the Fund prior
to January 1, 1990 an amount equal to the
contributions he would have made
if he had elected to participate, plus interest thereon at 6% per annum
compounded annually from such period to the date of payment.
Any active member of the General Assembly may apply for transfer of his
credits and creditable service established under this subsection (d) to
any annuity and benefit fund established under Article 12 of this
Act. Such credits and creditable service shall be transferred forthwith,
together with a payment from this Fund to the designated Article 12 fund
consisting of the amounts accumulated to the credit of the applicant under
this subsection (d), including corresponding employer contributions and interest, on the
books of the Fund on the date of transfer. Participation in this Fund as
to any credits transferred under this subsection shall terminate on the
date of transfer.
(Source: P.A. 86-272.)
|
(40 ILCS 5/8-226.2) (from Ch. 108 1/2, par. 8-226.2)
Sec. 8-226.2.
Validation of service credits.
An active member of
the General Assembly having no service credits or creditable service in
the Fund, may establish service credit and creditable service for
periods during which he was an employee of an employer in an elective
office, or in the service of an employer by temporary appointment or in
a position exempt from the classified service as set forth in the Civil
Service Act, or in a provisional or exempt position as specified in the
personnel ordinance, and could have elected to participate in the Fund
but did not so elect. Service credits and creditable service may be established by
payment to the Fund of an amount equal to the contributions he would
have made if he had elected to participate plus interest to the date of
payment, together with a like amount as the applicable municipality
credits including interest, but the total period of such creditable
service that may be validated shall not exceed 8 years.
(Source: P.A. 82-785.)
|
(40 ILCS 5/8-226.3) (from Ch. 108 1/2, par. 8-226.3)
Sec. 8-226.3.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer
and employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/8-226.4) (from Ch. 108 1/2, par. 8-226.4)
Sec. 8-226.4.
Transfer of creditable service to Article 9 or 13 fund.
(a) Any county officer elected by vote of the people (and until March
1, 1993 any other person in accordance with Section 9-121.11) who is a
participant in a pension fund established under Article 9 of this Code,
any chief of the County Police Department or undersheriff of the County
Sheriff's Department who has elected under subparagraph (j) of Section 9-128.1
to be included within the provisions of Section 9-128.1 of Article 9 of this
Code, and any elected sanitary district commissioner who is a participant in
a pension fund established under Article 13 of this Code, may apply for
transfer of his credits and creditable service accumulated under this Fund
to such Article 9 or 13 fund. Such creditable service shall be
transferred forthwith. Payment by this Fund to the Article 9 or 13 fund
shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any such elected county officer, chief of the County Police
Department, undersheriff of the County Sheriff's Department, or sanitary
district commissioner
who has credits and creditable service under the Fund may establish
additional credits and creditable service for periods during which he
could have elected to participate but did not so elect. Credits and creditable
service may be established by payment to the Fund of an amount equal to the
contributions he would have made if he had elected to participate, plus
interest to the date of payment.
(c) Any such elected county officer, chief of the County Police
Department, undersheriff of the County Sheriff's Department, or sanitary
district commissioner
may reinstate credits and creditable service terminated upon receipt of a
separation benefit, by payment to the Fund of the amount of the separation
benefit plus interest thereon to the date of payment.
(Source: P.A. 89-643, eff. 8-9-96.)
|
(40 ILCS 5/8-226.5) (from Ch. 108 1/2, par. 8-226.5)
Sec. 8-226.5.
Transfer of creditable service to Article 5 fund.
Pursuant to Section 5-234 of this Code, a police officer who is a
participant in a pension fund established under
Article 5 of this Code may apply for transfer of his credits and creditable
service accumulated under this Fund to such Article 5 fund. Such
creditable service shall be transferred forthwith. Payment by this Fund to
the Article 5 fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding
any additional or optional credits, which credits shall be refunded to the
applicant; and
(2) municipality credits computed and credited under this Article,
including interest, on the books of the Fund on the date the member
terminated service under the Fund.
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(Source: P.A. 86-272.)
|
(40 ILCS 5/8-226.6) (from Ch. 108 1/2, par. 8-226.6)
Sec. 8-226.6.
Transfer to Article 18 system.
Any active member of the
Judges Retirement System who is eligible to transfer service credit to that
System from this Fund under subsection (g) of Section 18-112 may apply for
transfer of that service credit to the Judges Retirement System. The
credits and creditable service shall be transferred upon application, and
shall include payment by this Fund to the Judges Retirement System of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding employer credits computed and | ||
| ||
Participation in this Fund as to the credits transferred under this
Section shall terminate on the date of transfer.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/8-226.7) Sec. 8-226.7. Transfer to Article 7. Until 6 months after the effective date of this amendatory Act of the 95th General Assembly, any member who is a sheriff's law enforcement employee under Article 7 of this Code who is eligible to transfer service credit to that Fund from this Fund under paragraph (9) of subsection (a) of Section 7-139 may apply for transfer of that service credit to the Illinois Municipal Retirement Fund. The credits and creditable service shall be transferred upon application, and shall include payment by this Fund to the Illinois Municipal Retirement Fund of: (1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding employer credits computed and | ||
| ||
Participation in this Fund as to the credits transferred under this Section shall terminate on the date of transfer.
(Source: P.A. 95-504, eff. 8-28-07.) |
(40 ILCS 5/8-227) (from Ch. 108 1/2, par. 8-227)
Sec. 8-227.
Service as police officer, firefighter or teacher.
(a) Service rendered by an employee as a police officer and member of
the regularly constituted police department of the city, or as a firefighter
and regular member of the paid fire department of the city, or as a teacher in
the public school system in the city shall be counted, for the purposes of this
Article, as service rendered as an employee of the city. Salary received for
any such service shall be treated, for the purposes of this Article, as salary
received for the performance of duty as an employee.
(b) Subsection (a) applies
to service rendered after the effective date only if the employee pays to the
Fund, prior to separation from service, an amount equal to what
would have accumulated in his or her account from salary deductions as
employee contributions, including interest at the effective rate, if such
contributions had been made for age and service and spouse's annuity during
all of such service; provided, that no service shall be counted or payments
received for any period of service for which the employee retains or has not
forfeited his or her rights to credit for the same period of service in
another annuity and benefit fund, or pension fund, in operation in the city
for the benefit of such police officers, firefighters, or teachers. The
amount transferred to the Fund under item (1) of Section 5-233.1, if any,
shall be credited against the contributions required under this subsection.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-228) (from Ch. 108 1/2, par. 8-228)
Sec. 8-228.
Transfers within service.
Whenever an employee is transferred
or assigned from one position in
the service of the employer to another position in such service, he
shall not be involuntarily removed from membership in this fund, but may
continue to participate as a contributor until because of such other
position he becomes a participant in another public pension fund for the
benefit of employees of the employer.
Any employee who withdraws from a position in the service which he
holds because of employment in the classified civil service or career service other than
by temporary or provisional appointment, and who then accepts a position in the service
which would normally require his election for participation and
membership, shall be continued as a participant and member in the fund
while employed by virtue of a temporary or provisional appointment, unless
he elects to sever his membership
by making application for refund within a period of 90 days from the
date of such employment in such other position, and is otherwise
eligible for refund.
(Source: P.A. 81-782.)
|
(40 ILCS 5/8-228.5) Sec. 8-228.5. Action by Fund against third party; subrogation. In those cases where the injury or death for which a disability or death benefit is payable under this Article was caused under circumstances creating a legal liability on the part of some person or entity (hereinafter "third party") to pay damages to the employee, legal proceedings may be taken against such third party to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits under this Article. In such case, however, if the action against such third party is brought by the injured employee or his or her personal representative and judgment is obtained and paid, or settlement is made with such third party, either with or without suit, from the amount received by such employee or personal representative, then there shall be paid to the Fund the amount of money representing the death or disability benefits paid or to be paid to the disabled employee pursuant to the provisions of this Article. In all circumstances where the action against a third party is brought by the disabled employee or his or her personal representative, the Fund shall have a claim or lien upon any recovery, by judgment or settlement, out of which the disabled employee or his or her personal representative might be compensated from such third party. The Fund may satisfy or enforce any such claim or lien only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's claim or lien shall not be satisfied or enforced from that portion of a recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs. Where action is brought by the disabled employee or his or her personal representative, he or she shall forthwith notify the Fund, by personal service or registered mail, of such fact and of the name of the court where such suit is brought, filing proof of such notice in such action. The Fund may, at any time thereafter, intervene in such action upon its own motion. Therefore, no release or settlement of claim for damages by reason of injury to the disabled employee, and no satisfaction of judgment in such proceedings, shall be valid without the written consent of the Board of Trustees authorized by this Code to administer the Fund created under this Article, except that such consent shall be provided expeditiously following a settlement or judgment. In the event the disabled employee or his or her personal representative has not instituted an action against a third party at a time when only 3 months remain before such action would thereafter be barred by law, the Fund may, in its own name or in the name of the personal representative, commence a proceeding against such third party seeking the recovery of all damages on account of injuries caused to the employee. From any amount so recovered, the Fund shall pay to the personal representative of such disabled employee all sums collected from such third party by judgment or otherwise in excess of the amount of disability or death benefits paid or to be paid under this Article to the disabled employee or his or her personal representative, and such costs, attorney's fees, and reasonable expenses as may be incurred by the Fund in making the collection or in enforcing such liability. The Fund's recovery shall be satisfied only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's recovery shall not be satisfied from that portion of the recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs. Additionally, with respect to any right of subrogation asserted by the Fund under this Section, the Fund, in the exercise of discretion, may determine what amount from past or future salary shall be appropriate under the circumstances to collect from the recovery obtained on behalf of the disabled employee. This Section applies only to persons who first become members or participants under this Article on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-23, eff. 7-6-17.) |
(40 ILCS 5/8-229) (from Ch. 108 1/2, par. 8-229)
Sec. 8-229.
Salary of employees on leave of absence.
The salary of an
employee on leave of absence from a position held by certification and
appointment as a result of competitive civil service or career service
examination for not less than 10 years immediately preceding such leave,
who holds another office or position in the service as an employee,
shall be considered to be the larger of the salary attached to either of
such positions and employee contributions for the
purposes of the fund shall be made on such basis.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-230) (from Ch. 108 1/2, par. 8-230)
Sec. 8-230.
Right of employee to contribute for all periods of
service. An employee may contribute to the fund for all periods of
service (including periods served in the armed forces of the United
States if he left the service of the employer to enter the armed forces
and returned to the service of the employer within 180 days after his
discharge from the armed service, and if the employer has not made such
payment on his behalf) except for those periods for which he received
credit in another annuity and benefit fund or pension fund in operation
in the city for the benefit of employees of the employer, rendered by him
to the employer after the effective date by virtue of appointment or
election to a position not covered by the provisions of this Article,
such amounts as he would have contributed for annuity purposes had
deductions from his salary been made for the purposes of the fund, at
the rates in effect and in accordance with the provisions relating to
future entrants and present employees during the period such service was
rendered. Upon making such payments, he shall be credited with
concurrent city contributions at the rates in effect during the time
such service was rendered. Such payments and concurrent city
contributions shall be made with interest at the effective rate and
shall, together with all other amounts contributed by or for such
employee, be considered in computing the annuities for him and his
widow, and any such service for which payment is made shall be counted
as service under this Article.
Until the effective date of this amendatory Act of 1991,
in order that the foregoing service may be counted for the purposes
of Section 8-138, payment must be made in full while the employee is in
service; if payment in full is not made, any payments made on account
shall be refunded to him when he withdraws from service, or paid to his
widow if he is dead. If there is no widow, a refund shall be paid as
provided in this Article, with interest at the effective rate. An
employee, however, may elect to have such partial payments, together
with the concurrent city contributions and interest, credited and
applied for age and service and widow's annuity, for himself and his
wife, on the assumption that the payments made shall apply beginning
with his earliest service, or his widow, if the employee dies in
service, may elect to have such amounts credited for widow's annuity
purposes, to the extent that they do not increase her annuity above that
which she could have received if her proportionate part of the payments
and related city contributions were included and considered, and an
annuity were fixed for her on the assumption her deceased husband had
continued in service at the rate of his final salary until he became age 65.
Beginning on the effective date of this amendatory Act of 1991, an
employee who is still in service may elect to establish credit under this
Section for only a
fraction of the service that he or she is eligible to establish under this
Section. In such cases, the credit established shall be deemed to relate
to the earliest service for which credit may be established, and shall be
counted for the purposes of Section 8-138. However, in no event shall such
credit be granted until the corresponding employee contributions have been
paid.
Beginning on the effective date of this amendatory Act of 1997,
any employee who is in service, or within 90 days after withdrawing from
service, or who is an active contributor to a participating system as defined
in the Retirement Systems Reciprocal Act, may make payments and establish
credit under this Section.
(Source: P.A. 90-31, eff. 6-27-97.)
|
(40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
(Text of Section before amendment by P.A. 104-457)
Sec. 8-230.1. Right of employees to contribute for certain other service.
Any employee in the service, after having made contributions covering a period
of 10 or more years to the annuity and benefit fund herein provided for, may
elect to pay for and receive credit for all annuity purposes for service
theretofore rendered by the employee to the Chicago Transit
Authority created by the Metropolitan Transit Authority Act or its predecessor public utilities;
provided that the last 5 years of service prior to retirement on annuity
shall have been as an employee of the City and a contributor to this Fund.
Such service credit may be paid for and granted on the same basis and
conditions as are applicable in the case of employees who make payment for
past service under the provisions of Section 8-230, but on the assumption that the employee's salary
throughout all of his or her service with the Authority or its
predecessor public utilities was at the rate of the employee's
salary at the later of the date of his or her entrance or reentrance into the service as a municipal
employee, as applicable. In no event, however, shall such service be credited if the employee
has not forfeited and relinquished pension credit for service
covering such period under any pension or retirement plan applicable
to the Authority or its predecessor public utilities and
instituted and maintained by the Authority or its predecessor
public utilities for the benefit of its employees.
(Source: P.A. 103-455, eff. 1-1-24.)
(Text of Section after amendment by P.A. 104-457) Sec. 8-230.1. Right of employees to contribute for certain other service. Any employee in the service, after having made contributions covering a period of 10 or more years to the annuity and benefit fund herein provided for, may elect to pay for and receive credit for all annuity purposes for service theretofore rendered by the employee to the Chicago Transit Authority created by the Chicago Transit Authority Act or its predecessor public utilities; provided that the last 5 years of service prior to retirement on annuity shall have been as an employee of the City and a contributor to this Fund. Such service credit may be paid for and granted on the same basis and conditions as are applicable in the case of employees who make payment for past service under the provisions of Section 8-230, but on the assumption that the employee's salary throughout all of his or her service with the Authority or its predecessor public utilities was at the rate of the employee's salary at the later of the date of his or her entrance or reentrance into the service as a municipal employee, as applicable. In no event, however, shall such service be credited if the employee has not forfeited and relinquished pension credit for service covering such period under any pension or retirement plan applicable to the Authority or its predecessor public utilities and instituted and maintained by the Authority or its predecessor public utilities for the benefit of its employees.(Source: P.A. 103-455, eff. 1-1-24; 104-457, eff. 6-1-26.)
|
(40 ILCS 5/8-230.2) (from Ch. 108 1/2, par. 8-230.2)
Sec. 8-230.2.
Right of employees to contribute for service rendered to
Land Clearance Commission. An employee may contribute to the fund for, and
receive credit for, all periods of service rendered to the Land Clearance
Commission created by the employing city and thereafter abolished and superseded
by the city's Department of Urban Renewal, except those periods for which
he received credit in another public annuity and benefit fund or pension fund.
Such service credit shall be paid
for and granted on the same basis and conditions as applicable in the
case of employees who make payment for past service under Section 8-230
provided that such employees also pay the current required employer contribution,
but on the assumption that
such employee's salary throughout all of his service with such Commission
was at the rate of his salary at the date of his entrance into the
service as a municipal employee after the abolition of the Commission.
(Source: P.A. 80-1495.)
|
(40 ILCS 5/8-230.3) (from Ch. 108 1/2, par. 8-230.3)
Sec. 8-230.3.
Establishment and restoration of service credit.
(a) Beginning on the effective date of this amendatory Act of 1991, an
employee who is still in service and is eligible to establish optional
service credit under this Article for any period during which he was not an
active participant in the Fund need not establish credit for the entire
period for which he is eligible, but may instead elect to establish credit
for only a fraction of that period. In such cases, the credit established
shall be deemed to relate to the earliest period for which that type of
credit may be established. However, in no event shall any such credit be
granted until the employee contributions required for that credit, if any,
have been paid.
(b) Notwithstanding Section 8-167 or any other provision of this
Article, beginning on the effective date of this amendatory Act of 1991, an
employee who has returned to service and is required (or authorized) to
restore service credit that was surrendered upon payment of a refund need
not restore such credit in full, but may instead elect to restore only a
fraction of the surrendered service credit, or none of it. If only some of
the surrendered credit is to be restored, the credit shall be restored in
the order in which it was earned, and the board shall determine the amount
that must be repaid by the employee to the Fund in order to restore the
credit, based on the corresponding fraction of the refund, plus interest as
required by the other provisions of this Article. In no event shall any
such credit be restored until the payment required for that credit has been
paid, and in no event shall any benefit be granted based on surrendered
credit that has not been restored.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/8-230.4)
Sec. 8-230.4.
Certain Department of Public Health employees.
(a) This Section applies only to persons who were employed at any time
during the period July 13 through December 31, 1993, by the City of Chicago
Department of Public Health in connection with clinical health laboratory
functions that are transferred to the State pursuant to an intergovernmental
agreement, and who become employed by the Illinois Department of Public Health
before July 1, 1994 to perform services relating to those transferred
functions.
(b) A person to whom this Section applies who has not begun receiving a
retirement benefit under this Article may elect to participate in the Fund
governed by this Article during the dual eligibility period defined in Section
14-108.2a by giving written notice to this Fund and the Article 14 retirement
system in accordance with subsection (b) of Section 14-108.2a.
(c) The Board of this Fund and the board of the retirement system governed
by Article 14 shall together determine the manner of payment of employee
contributions to the Fund for periods of participation in the Fund under this
Section. These employee contributions may be paid or picked up by the Illinois
Department of Public Health on behalf of the employee as otherwise provided by
law. No employer contribution is required for those periods.
(d) Any period of nonparticipation in the Fund immediately preceding a
period of participation under this Section shall be disregarded for purposes of
establishing eligibility for and the amount and duration of any benefit under
this Article.
(Source: P.A. 88-535.)
|
(40 ILCS 5/8-230.5)
Sec. 8-230.5.
Former Chicago Police Department Crime Laboratory Division
employees.
(a) This Section applies only to persons who were employed at any time
between June 30, 1995 and the takeover date (as defined in Section 14-108.2b)
by the Chicago Police Department Crime Laboratory Division in connection with
functions of that Division that are transferred to the State pursuant to an
intergovernmental agreement, and who become employed by the Illinois Department
of State Police on or after July 1, 1995 but no later than 6 months after the
takeover date to perform services relating to those transferred functions.
(b) A person to whom this Section applies who has not begun receiving a
retirement benefit under this Article may elect to participate in the Fund
governed by this Article during the dual eligibility period defined in Section
14-108.2b by giving written notice to this Fund and the Article 14 retirement
system in accordance with subsection (b) of Section 14-108.2b.
(c) The Board of this Fund and the board of the retirement system governed
by Article 14 shall together determine the manner of payment of employee
contributions to the Fund for periods of participation in the Fund under this
Section. These employee contributions may be paid or picked up by the Illinois
Department of State Police on behalf of the employee as otherwise provided by
law. No employer contribution is required for those periods.
(d) Any period of nonparticipation in the Fund immediately preceding a
period of participation under this Section shall be disregarded for purposes of
establishing eligibility for and the amount and duration of any benefit under
this Article.
(Source: P.A. 89-246, eff. 8-4-95.)
|
(40 ILCS 5/8-230.6)
Sec. 8-230.6.
Payments and rollovers.
(a) The Board may adopt rules prescribing the manner of repaying refunds
and purchasing any other credits permitted under this Article. The rules may
prescribe the manner of calculating interest when payments or repayments
are made in installments.
(b) Rollover contributions from other retirement plans qualified under the
Internal Revenue Code of 1986 may be used to purchase any optional credit or
repay any refund permitted under this Article.
(Source: P.A. 90-31, eff. 6-27-97.)
|
(40 ILCS 5/8-230.7)
Sec. 8-230.7.
Service rendered to Public Building Commission.
(a) An employee or former employee of the Public Building Commission of
the city who has established credit under the Fund with regard to service to an
employer other than the Public Building Commission of the city may contribute
to the Fund and receive
credit for all periods of full-time employment with the Public
Building Commission created by the employing city occurring prior to 60 days
after the effective date of this amendatory Act, except for those periods for
which the employee retains a right to credit in another public pension fund or
retirement system established under this Code. Such service credit shall
be paid for and granted on the same basis and under the same conditions as are
applicable in the case of employees who make payment for past service under
Section 8-230, provided that the person must also pay the corresponding
employer contributions, and further provided that the contributions and
service credit are permitted under Section 415 of the Internal Revenue Code
of 1986. The contributions shall be based on the salary actually received
by the person from the Commission for that employment.
(b) A person establishing service credit under subsection (a) or electing
to participate in the Fund under subsection (d) may, at the same time,
reinstate service credit that was terminated through receipt of a refund by
repaying to the Fund the amount of the refund plus interest at the effective
rate from the date of the refund to the date of repayment.
(c) An eligible person may establish service credit under subsection (a)
and reinstate service credit under subsection (b) without returning to active
service as an employee under this Article, but the required contributions and
repayment must be received by the Fund before the person begins to receive a
retirement annuity under this Article.
(d) Within 60 days after beginning full-time employment with the Public
Building Commission of the city (or within 60 days after the effective date
of this amendatory Act of the 92nd General Assembly, whichever is later), a
person having service credits in this Fund or reinstating service credits
under subsection (b) may elect to participate in this Fund with respect to
that Public Building Commission employment. An employee who participates in
this Fund with respect to Public Building Commission employment shall not,
with respect to the same period of employment, participate in any other pension
plan for employees of the Commission for which contributions are made by the
Commission, except that this provision shall not prevent an employee from
making elective contributions to a plan of deferred compensation during that
period. An election under this subsection (d), once made, is irrevocable.
Participation under this subsection shall be on the same basis and under
the same conditions as are applicable in the case of participating employees
of the city. Employee contributions shall be based on the salary actually
received by the employee for that employment. Employer contributions shall
be paid by the Public Building Commission rather than the city, at a rate to
be determined by the Retirement Board.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-230.9)
Sec. 8-230.9.
Service rendered to Chicago Housing Authority.
(a) Within 60 days after beginning full-time employment with the Chicago
Housing Authority (or within 60 days after the effective date of this
amendatory Act of the 92nd General Assembly, whichever is later), a
person having service credits in this Fund or reinstating service credits
under subsection (c) may elect to participate in this Fund with respect to
that Chicago Housing Authority employment. An employee who participates in
this Fund with respect to Chicago Housing Authority employment shall not, with
respect to the same period of employment, participate in any other pension
plan for employees of the Authority for which contributions are made by the
Authority, except that this provision shall not prevent an employee from
making elective contributions to a plan of deferred compensation during that
period. An election under this subsection (a), once made, is irrevocable.
Participation under this subsection shall be on the same basis and under
the same conditions as are applicable in the case of participating employees
of the city. Employee contributions shall be based on the salary actually
received by the employee for that employment. Employer contributions shall
be paid by the Chicago Housing Authority rather than the city, at a rate to
be determined by the Retirement Board.
(b) An employee or former employee of the Chicago Housing Authority who has
established credit under the Fund with regard to service to an employer other
than the Chicago Housing Authority may contribute to the Fund and receive
credit for all periods of full-time employment with the Chicago Housing
Authority occurring prior to 60 days after the effective date of this
amendatory Act, except for those periods for which the employee retains a right
to credit in another public pension fund or retirement system established under
this Code. Such service credit shall be paid for and granted on the same basis
and under the same conditions as are applicable in the case of employees who
make payment for past service under Section 8-230, provided that the person
must also pay the corresponding employer contributions, and further provided
that the contributions and service credit are permitted under Section 415 of
the Internal Revenue Code of 1986. The contributions shall be based on the
salary actually received by the person from the Authority for that employment.
(c) A person establishing service credit under subsection (b) or electing
to participate in the Fund under subsection (a) may, at the same time,
reinstate service credit that was terminated through receipt of a refund by
repaying to the Fund the amount of the refund plus interest at the effective
rate from the date of the refund to the date of repayment.
(d) An eligible person may establish service credit under subsection (b)
and reinstate service credit under subsection (c) without returning to active
service as an employee under this Article, but the required contributions and
repayment must be received by the Fund before the person begins to receive a
retirement annuity under this Article.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-230.10)
Sec. 8-230.10.
Service rendered to IHDA.
An employee with at least 10
years of creditable service in the Fund may establish service credit for up to
7 years of full-time employment by the Illinois Housing Development Authority
for which the employee does not have credit in another public pension fund or
retirement system.
To establish service credit under this Section, the employee must apply to
the Fund in writing by January 1, 2003 and pay to the Fund, at any time before
beginning to receive a retirement annuity under this Article, an amount to be
determined by the Fund, consisting of (i) employee contributions based on the
salary actually received by the person from the Illinois Housing Development
Authority for that employment and the contribution rates then in effect for
employees of the Fund, (ii) the corresponding employer contributions, and (iii)
regular interest on the amounts in items (i) and (ii) from the date of the
service to the date of payment.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/8-231) (from Ch. 108 1/2, par. 8-231)
Sec. 8-231.
Employee who becomes participant in another fund.
Any participant in the fund who becomes a participant in any other
annuity and benefit fund, annuity and retirement fund or any pension fund
now or hereafter in operation in the city for the benefit of employees of
the employer, may elect to receive a refund or annuity from this fund in
the same manner as he would if he then resigned from his position in the
service and had not become a participant in such other fund. No credit is
allowed for any period of service as a participant in this fund for which
the employee receives credit in such other fund, and no annuity shall be
paid to such participant by this fund while he holds a position in the
service which entitles him to participation in such other fund.
If a participant in this fund is employed concurrently by an employer
whose employees are participants in a public retirement system created
under other Articles of the Illinois Pension Code as well as by the
employer as defined in this Article, any earnings from such other employer
during such period of concurrent employment shall not be considered for
annuity or benefit purposes under this Article.
(Source: P.A. 76-929.)
|
(40 ILCS 5/8-232) (from Ch. 108 1/2, par. 8-232)
Sec. 8-232. Basis of service credit.
(a) In computing the period of
service of any employee for the minimum annuity under Section 8-138, the
following provisions shall govern:
(1) All periods prior to the effective date shall be | ||
| ||
(2) Service subsequent to the day before the | ||
| ||
(3) Service during 6 or more months in any year shall | ||
| ||
(b) For all other purposes of this Article, the following schedule
shall govern the computation of service of an employee whose salary or
wages is on the basis stated, and any fractional part of a year of
service shall be determined according to said schedule:
Annual or Monthly basis: Service during 4 months in any 1 calendar
year shall constitute a year of service.
Weekly basis: Service during any week shall constitute a week of
service and service during any 17 weeks in any 1 calendar year shall
constitute a year of service.
Daily basis: Service during any day shall constitute a day of service
and service during 100 days in any 1 calendar year shall constitute a
year of service.
Hourly basis: Service during any hour shall constitute an hour of
service and service during 700 hours in any 1 calendar year shall
constitute a year of service.
(Source: P.A. 102-15, eff. 6-17-21.)
|
(40 ILCS 5/8-233) (from Ch. 108 1/2, par. 8-233)
Sec. 8-233. Basis of annual salary. For the purpose of this Article,
the annual salary of an employee whose salary or wage is
appropriated, fixed, or arranged in the annual appropriation ordinance upon
other than an annual basis shall be determined as follows:
(a) If the employee is paid on a monthly basis, the annual salary
is 12 times the monthly salary. If
the employee is paid on a weekly basis, the annual salary is 52 times
the weekly salary.
"Monthly salary" means the amount of compensation or salary
appropriated and payable for a normal and regular month's work in the
employee's position in the service. "Weekly salary" means
the amount of compensation or salary appropriated and payable
for a normal and regular week's work in the employee's position in the
service. If the work is on a regularly scheduled part time basis, then "monthly salary" and "weekly salary" refer,
respectively, to the part time monthly or weekly salary.
If the appropriation for the position is for a shorter period than 12
months a year, or 52 weeks a year if on a weekly basis, or the employee is
in a class, grade, or category in which the employee normally works for fewer than 12
months or 52 weeks a year, then the basis shall be adjusted
downward to the extent that the appropriated or
customary work period is less than the normal 12 months
or 52 weeks of service in a year.
Compensation for overtime, at regular or overtime rates, that is paid in
addition to the appropriated regular and normal monthly or weekly salary
shall not be considered.
(b) If the employee is paid on a daily basis, the annual salary
is 260 times the daily wage. If the
employee is paid on an hourly basis, the annual salary is 2080 times
the hourly wage.
The norm is based on a 12-month per year, 5-day work week of 8 hours per
day and 40 hours per week, with consideration given only to time
compensated for at the straight time rate of compensation or wage. The
norm shall be increased (subject to a maximum of 300 days or 2400 hours per
year) or decreased for an employee
to the extent that the normal and established work period, at the
straight time compensation or wage for the position held in the
class, grade, or category in which the employee is assigned, is
for a greater or lesser number of months, weeks, days, or hours than
the period on which the established norm is based.
"Daily wage" and "hourly wage" mean,
respectively, the normal, regular, or basic straight time rate of
compensation or wage appropriated and payable for a normal and regular
day's work, or hour's work, in the employee's position in the service.
Any time worked in excess of the norm (or the increased or decreased
norm, whichever is applicable) that is compensated for at overtime,
premium, or other than regular or basic straight time rates shall not be
considered as time worked, and the compensation for that work shall not
be considered as salary or wage. Such time and compensation shall in
every case and for all purposes be considered overtime and shall be
excluded for all purposes under this Article. However, the
straight time portion of compensation or wage, for time worked on holidays
that fall within an employee's established norm, shall be
included for all purposes under this Article.
(c) For minimum annuity purposes under Section 8-138, where a
salary rate change occurs during the year, it shall be considered that the
annual salary for that year is (1) the annual
equivalent of the monthly, weekly, daily, or hourly salary or
wage rate that was applicable for the greater number of months,
weeks, days, or hours (whichever is applicable) in
the year under consideration, or (2) the annual equivalent
of the average salary or wage rate in effect for the employee during the
year, whichever is greater. The average salary or wage rate shall be
calculated by multiplying each salary or wage rate in effect for the
employee during the year by the number of months, weeks, days, or hours
(whichever is applicable) during which that rate was in effect, and
dividing the sum of the resulting products by the total number of months,
weeks, days, or hours (whichever is applicable) worked by the employee
during the year.
(d) The changes to subsection (c) made by this amendatory Act of 1997
apply to persons withdrawing from service on or after July 1, 1990 and for each
such person are intended to be retroactive to the date upon which the affected
annuity began. The Fund shall recompute the affected annuity and shall pay the
additional amount due for the period before the increase resulting from this
amendatory Act in a lump sum, without interest.
(e) This Article shall not be construed to authorize a salary paid by an entity other than an employer, as defined in Section 8-110, to be used to calculate the highest average annual salary of a participant. This subsection (e) is a declaration of existing law and shall not be construed as a new enactment. (Source: P.A. 97-651, eff. 1-5-12.)
|
(40 ILCS 5/8-234) (from Ch. 108 1/2, par. 8-234)
Sec. 8-234.
Basis of salary deduction.
The total of salary deductions for employee contributions for annuity
purposes to be considered for any 1 calendar year shall not exceed that
produced by the application of the proper salary deduction
rates to the
highest annual salary considered for annuity purposes for such year.
For the year 1957 or prior years, where deductions from salary on
overtime pay may have, in the case of some daily or hourly paid
employees, resulted in excess deductions for the year, such excess
deductions may be considered as proper salary deductions for age and
service and widow's annuity, unless refunded at the employee's request.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-235) (from Ch. 108 1/2, par. 8-235)
Sec. 8-235.
Basis of actual compensation.
"Actual Compensation" of any employee whose actual compensation (as
defined herein) is arranged upon other than a yearly basis shall be
determined by the following schedule:
Monthly basis:--12 times the amount of actual compensation per month.
Weekly basis:--52 times the amount of actual compensation per week.
Daily basis:--300 times the amount of actual compensation per day.
Hourly basis:--2400 times the amount of actual compensation per hour.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-236) (from Ch. 108 1/2, par. 8-236)
Sec. 8-236.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code
as now enacted or hereafter amended, is hereby adopted and made a part of
this Article; provided, that where there is a direct conflict in the
provisions of such Act and the specific provisions of this Article, such
latter provisions shall prevail.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-237) (from Ch. 108 1/2, par. 8-237)
Sec. 8-237.
Employees in territory annexed.
Whenever territory is annexed to the city, any person then employed as a
municipal employee in the annexed territory, who shall be employed by the
city on the date of the annexation shall automatically come under this
Article, and any service rendered for the annexed territory shall be
considered, for the purpose of this Article, as service rendered to the
city.
Such employee shall be treated, as of the date such annexation comes
into effect the same as is a present employee of the city on the effective
date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-238) (from Ch. 108 1/2, par. 8-238)
Sec. 8-238.
Municipal Pension Fund superseded.
The fund herein provided for on the effective date shall supersede and
take the place and have transferred to it the assets of any Municipal
Pension Fund as herein defined, in operation in the city, and the fund
herein provided for shall be a continuation of such Municipal Pension Fund.
All annuities, pensions and other benefits allowed prior to the
effective date by the Board of Trustees of such Municipal Pension Fund and
all claims pending or ungranted on the effective date which thereafter are
allowed according to the law establishing such Municipal Pension Fund by
the board herein provided for, shall be paid by the board from the fund
herein provided for, according to the law or laws under which such
annuities, pensions, or other benefits were allowed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-239) (from Ch. 108 1/2, par. 8-239)
Sec. 8-239.
School Employees' Pension Fund superseded.
The fund herein provided for shall, on July 1, 1923, and thereafter,
supersede and take the place of and have transferred to it the assets of
any municipal pension fund which is in operation in the city on June 30,
1923, under the Public School Employees' Pension Act of 1903, and the
fund herein provided for shall be a continuation of such municipal pension
fund.
All annuities, pensions, or other benefits allowed prior to July 1,
1923, by the Board of Trustees of such Municipal Pension Fund and all
claims pending or ungranted on July 1, 1923, which thereafter are allowed
according to the law establishing such municipal pension fund by the board
herein provided for, shall be paid by the board from the fund herein
provided for, according to the law or laws under which such annuities,
pensions, or other benefits were allowed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-240) (from Ch. 108 1/2, par. 8-240)
Sec. 8-240.
Certain funds superseded.
On January 1, 1960 the fund herein provided for shall supersede the
funds created by the Court and Law Department Employees' Annuity Act and
the Board of Election Commissioners Employees' Annuity Act, and shall
have transferred to it the assets of the funds under said Acts.
All annuities or benefits allowed prior to January 1, 1960, by the
respective Boards of Trustees of such superseded funds and all claims
pending prior to such date which thereafter are allowed according to the
law establishing the respective superseded funds by the board herein
provided for shall from and after such date be paid by the board from the
fund herein provided for according to the law under which the same were
allowed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-240.1) (from Ch. 108 1/2, par. 8-240.1)
Sec. 8-240.1.
Public Library Employes' Pension Fund superseded.
On January 1, 1966, the fund herein provided for shall supersede the
fund created by the Public Library Employes' Pension Act, in operation in
the city on December 31, 1965, and, as soon as practicable and possible
thereafter, all monies, securities, other assets, records, and other
property of such superseded fund shall be transferred by the board of
trustees of said superseded fund to the custody and ownership of the
retirement board of the annuity and benefit fund herein provided for, which
said retirement board is hereby empowered to receive them, and shall
thereupon assume all of the liabilities of the superseded fund.
All pensions and other benefits allowed prior to January 1, 1966 by the
board of trustees of the superseded fund, shall thereafter be paid by the
retirement board of the annuity and benefit fund herein provided for, and
all claims accrued, pending or ungranted prior to such date shall be
allowed or disallowed by said retirement board, according to the law
governing the superseded fund on December 31, 1965, and if allowed shall be
paid from the annuity and benefit fund herein provided for.
The assets of the superseded Public Library Employes' Pension Fund,
transferred to the annuity and benefit fund herein provided for, shall be
distributed and credited to appropriate fund accounts otherwise described
in this Article 8, and all liabilities, payments of pensions and benefits
arising out of the merger of said superseded fund into said annuity and
benefit fund shall be reflected in, paid from, and charged to such
accounts, in the same manner as provided for in the case of a superseded
Municipal Pension Fund.
(Source: Laws 1965, p. 2300.)
|
(40 ILCS 5/8-240.2) (from Ch. 108 1/2, par. 8-240.2)
Sec. 8-240.2.
House of Correction Employees' Pension Fund superseded.
On January 1, 1969, the fund herein provided for shall supersede the
fund created by the House of Correction Employees' Pension Act, in
operation in the city on December 31, 1968, and, as soon as practicable and
possible thereafter, all monies, securities, other assets, records, and
other property of such superseded fund shall be transferred by the board of
trustees of said superseded fund to the custody and ownership of the
retirement board of the annuity and benefit fund herein provided for, which
said retirement board is hereby empowered to receive them, and shall
thereupon assume all of the liabilities of the superseded fund.
All annuities, pensions, and other benefits allowed prior to January 1,
1969 by the board of trustees of the superseded fund, shall thereafter be
paid by the retirement board of the annuity and benefit fund herein
provided for, and all claims accrued, pending or ungranted prior to such
date shall be allowed or disallowed by said retirement board, according to
the law governing the superseded fund on December 31, 1968, and if allowed
shall be paid from the annuity and benefit fund herein provided for.
The assets of the superseded House of Correction Employees' Pension
Fund, transferred to the annuity and benefit fund herein provided for,
shall be distributed and credited to appropriate fund accounts otherwise
described in this Article 8, and all liabilities, payments of pensions and
benefits arising out of the merger of said superseded fund into the said
annuity and benefit fund shall be reflected in, paid from, and charged to
such accounts, in the same manner as provided for in the case of a
superseded Municipal Pension Fund.
(Source: Laws 1968, p. 181.)
|
(40 ILCS 5/8-241) (from Ch. 108 1/2, par. 8-241)
Sec. 8-241.
Board of Education employees' former service.
Any employee or former employee of the Board of Education of the city,
now included under the provisions of this Article, shall be considered, for
all purposes of this Article, to have been an employee during all time
prior to July 1, 1923 that he was in the service of such Board of Education
or of the city. This section shall be retroactive in effect.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-242) (from Ch. 108 1/2, par. 8-242)
Sec. 8-242.
Certain park district employees.
The "Exchange of Functions Act of 1957", to the extent that it applies
to the fund herein established is incorporated into and made a part of this
Article by express reference. Employees of a city who are members of the
fund and who are transferred to the employment of a park district pursuant
to the aforesaid Act shall remain members of the fund, and their rights,
credits and equities shall remain unimpaired by such transfer of
employment.
After such transfer of employment, the city shall assume no further
financial responsibility or obligation for such employees under this
Article, but such financial responsibility and obligation shall become the
duty of the park district by which they are employed. Wherever, as to such
employees, reference is made in this Article to the exercise of a function,
power, responsibility or duty by the city, such reference shall apply,
effective January 1, 1959, to the governing board of the park district by
which such persons are employed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-243) (from Ch. 108 1/2, par. 8-243)
Sec. 8-243. Service as alderperson or member of city council. Whenever any person has served or hereafter serves as a duly elected alderperson
or member of the city council of any city of more than 500,000
inhabitants and is or hereafter becomes a contributing participant in any
pension fund or any annuity and benefit fund in existence in such city by
operation of law, the period of service as such alderperson or member of the
city council shall be counted as a period of service in computing any
annuity or pension which such person may become entitled to receive from
such fund upon separation from the service, except as ruled out for minimum
annuity purposes in Section 8-232(a)(3).
(Source: P.A. 102-15, eff. 6-17-21.)
|
(40 ILCS 5/8-243.1) (from Ch. 108 1/2, par. 8-243.1)
Sec. 8-243.1.
Elected city officer transfer of credits.
Any
city officer, as defined in Section 8-243.2,
may transfer to this Fund credits and creditable
service accumulated under any other pension fund or retirement system
established under Articles 2 through 18 of this Code, upon payment to the
Fund of (1) the amount by which the employer and employee contributions
that would have been required if he had participated in this Fund during
the period for which credit is being transferred, plus interest, exceeds
the amounts actually transferred from such other fund or system to this
Fund, plus (2) interest thereon at 6% per year compounded annually from the
date of transfer to the date of payment.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
Sec. 8-243.2. Alternative annuity for city officers.
(a) For the purposes of this Section and Sections 8-243.1 and 8-243.3,
"city officer" means the city clerk, the city treasurer, or an alderperson of
the city elected by vote of the people, while serving in that capacity or as
provided in subsection (f), who has elected to participate in the Fund.
(b) Any elected city officer, while serving in that capacity or as
provided in subsection (f), may elect to establish alternative credits for
an alternative annuity by electing in writing to make additional optional
contributions in accordance with this Section and the procedures
established by the board. Such elected city officer may discontinue making
the additional optional contributions by notifying the Fund in writing in
accordance with this Section and procedures established by the board.
Additional optional contributions for the alternative annuity shall
be as follows:
(1) For service after the option is elected, an | ||
| ||
(2) For service before the option is elected, an | ||
| ||
(c) In lieu of the retirement annuity otherwise payable under this
Article, any city officer elected by vote of the people who (1) has
elected to participate in the Fund and make additional optional
contributions in accordance with this Section, and (2) has attained
age 55 with at least 10 years of service credit, or has
attained age 60 with at least 8 years of service credit, may
elect to have his retirement annuity computed as follows: 3% of the
participant's salary at the time of termination of service for each of the
first 8 years of service credit, plus 4% of such salary for each of the
next 4 years of service credit, plus 5% of such salary for each year of
service credit in excess of 12 years, subject to a maximum of 80% of such
salary. To the extent such elected city officer has made additional
optional contributions with respect to only a portion of his years of
service credit, his retirement annuity will first be determined in
accordance with this Section to the extent such additional optional
contributions were made, and then in accordance with the remaining Sections
of this Article to the extent of years of service credit with respect to
which additional optional contributions were not made.
(d) In lieu of the disability benefits otherwise payable under this
Article, any city officer elected by vote of the people who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform the duties
of his office, and (3) was making optional contributions in accordance with
this Section at the time the disability was incurred, may elect to receive
a disability annuity calculated in accordance with the formula in
subsection (c). For the purposes of this subsection, such elected city
officer shall be considered permanently disabled only if: (i) disability
occurs while in service as an elected city officer and is of such a nature
as to prevent him from reasonably performing the duties of his office at
the time; and (ii) the board has received a written certification by at
least 2 licensed physicians appointed by it stating that such officer is
disabled and that the disability is likely to be permanent.
(e) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Sections 8-168,
8-170 and 8-171. Interest shall be credited at the effective rate on the
same basis and under the same conditions as for other contributions.
Optional contributions shall be accounted for in a separate Elected City
Officer Optional Contribution Reserve. Optional contributions under this
Section shall be included in the amount of employee contributions used to
compute the tax levy under Section 8-173.
(f) The effective date of this plan of optional alternative benefits
and contributions shall be July 1, 1990, or the date upon which approval is
received from the U.S. Internal Revenue Service, whichever is later.
The plan of optional alternative benefits and contributions shall
not be available to any former city officer or employee receiving an
annuity from the Fund on the effective date of the plan, unless he
re-enters service as an elected city officer and renders at least 3 years
of additional service after the date of re-entry. However, a person who
holds office as a city officer on June 1, 1995 may
elect to participate in the plan, to transfer credits into the Fund from
other Articles of this Code, and to make the contributions required for prior
service, until 30 days after the effective date of this amendatory Act
of the 92nd General Assembly, notwithstanding the
ending of his term of
office prior to that effective date; in the event that the person is already
receiving an annuity from this Fund or any other Article of this Code at the
time of making this election, the annuity shall be recalculated to include any
increase resulting from participation in the plan, with such increase taking
effect on the effective date of the election.
(g) Notwithstanding any other provision in this Section or in this Code to the contrary, any person who first becomes a city officer, as defined in this Section, on or after the effective date of this amendatory Act of the 100th General Assembly, shall not be eligible for the alternative annuity or alternative disability benefits as provided in subsections (a), (b), (c), and (d) of this Section or for the alternative survivor's benefits as provided in Section 8-243.3. Such person shall not be eligible, or be required, to make any additional contributions beyond those required of other participants under Sections 8-137, 8-174, and 8-182. The retirement annuity, disability benefits, and survivor's benefits for a person who first becomes a city officer on or after the effective date of this amendatory Act of the 100th General Assembly shall be determined pursuant to the provisions otherwise provided in this Article.(Source: P.A. 102-15, eff. 6-17-21.)
|
(40 ILCS 5/8-243.3) (from Ch. 108 1/2, par. 8-243.3)
Sec. 8-243.3. Alternative survivor's benefits for survivors of city
officers. In lieu of the survivor's benefits otherwise payable under this
Article, the spouse or eligible child of any deceased city officer
elected by vote of the people who (1) had elected to participate in the
Fund, and (2) was either making additional optional contributions in
accordance with Section 8-243.2 on the date of death, or was receiving
an annuity calculated under that Section at the time of death, may elect to
receive an annuity beginning on the date of the
elected city officer's death, provided that the spouse and officer must
have been married on the date of the last termination of his or her service
as an elected city officer and for a continuous period of at least one year
immediately preceding his or her death.
The annuity shall be payable beginning on the date of the elected
city officer's death if the spouse is then age 50 or over, or beginning
at age 50 if the age of the spouse is less than 50 years. If a minor
unmarried child or children of the city officer, under age 18, also
survive, and the child or children are under the care of the eligible
spouse, the annuity shall begin as of the date of death of the elected city
officer without regard to the spouse's age.
The annuity to a spouse shall be 66 2/3% of the amount of retirement
annuity earned by the elected city officer on the date of death, subject to a
minimum payment of 10% of salary, provided that if an eligible spouse,
regardless of age, has in his or her care at the date of death of the
elected city officer any unmarried child or children of the city
officer, under age 18, the minimum annuity shall be 30% of the elected
officer's salary, plus 10% of salary on account of each minor child
of the elected city officer, subject to a combined total payment on
account of a spouse and minor children not to exceed 50% of the deceased
officer's salary. In the event there shall be no spouse
of the elected city officer surviving, or should a
spouse remarry or die while eligible minor children still survive the
elected city officer, each such child shall be entitled to an annuity
equal to 20% of salary of the elected officer subject to a combined total
payment on account of all such children not to exceed 50% of salary of the
elected city officer. The salary to be used in the calculation of these
benefits shall be the same as that prescribed for determining a retirement
annuity as provided in Section 8-243.2.
Upon the death of an elected city officer occurring after termination
of service or while in receipt of a retirement annuity, the combined total
payment to a spouse and minor children, or to minor children alone if no
eligible spouse survives, shall be limited to 75% of the amount of
retirement annuity earned by the city officer.
Marriage of a child or attainment of age 18, whichever first occurs,
shall render the child ineligible for further consideration in the payment
of an annuity to a spouse or in the increase in the amount thereof. Upon
attainment of ineligibility of the youngest minor child of the elected
city officer, the annuity shall immediately revert to the amount payable
upon death of an elected city officer leaving no minor children surviving
him or her. If the spouse is under age 50 at such time, the annuity as
revised shall be deferred until such age is attained. Remarriage of a
widow or widower prior to attainment of age 55 shall disqualify the spouse
from the receipt of an annuity.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/8-244) (from Ch. 108 1/2, par. 8-244)
Sec. 8-244. Annuities, etc., exempt.
(a) All annuities, refunds,
pensions, and disability benefits granted under this Article, shall be
exempt from attachment or garnishment process and shall not be seized,
taken, subjected to, detained, or levied upon by virtue of any judgment, or
any process or proceeding whatsoever issued out of or by any court in this
State, for the payment and satisfaction in whole or in part of any debt,
damage, claim, demand, or judgment against any annuitant, pensioner,
participant, refund applicant, or other beneficiary hereunder.
(b) No annuitant, pensioner, refund applicant, or other beneficiary
shall have any right to transfer or assign his annuity, refund, or disability
benefit or any part thereof by way of mortgage or otherwise, except that:
(1) an annuitant or pensioner who elects or has | ||
| ||
(2) in the case of refunds, a participant may pledge | ||
| ||
(3) the board, in its discretion, may pay to the wife | ||
| ||
(c) The board may retain out of any future annuity, pension, refund or
disability benefit payments, such amount, or amounts, as it may require for
the repayment of any moneys paid to any annuitant, pensioner, refund
applicant, or disability beneficiary through misrepresentation, fraud or
error. Any such action of the board shall relieve and release the board and
the fund from any liability for any moneys so withheld.
(d) Whenever an annuity or disability benefit is payable to a minor or
to a person certified by a medical doctor to be under legal
disability, the board, in its discretion and when it is in the best
interest of the person concerned, may waive guardianship proceedings and pay
the annuity or benefit to the person providing or caring for the minor or
person under legal disability.
In the event that a person certified by a medical doctor to be under legal
disability (i) has no spouse, blood relative, or other person providing or
caring for him or her, (ii) has no guardian of his or her estate, and (iii) is
confined to a Medicare approved, State certified nursing home or to a publicly
owned and operated nursing home, hospital, or mental institution, the Board
may pay any benefit due that person to the nursing home, hospital, or mental
institution, to be used for the sole benefit of the person under legal
disability.
Payment in accordance with this subsection to a person, nursing
home, hospital, or mental institution for the benefit of a minor or person
under legal disability shall be an absolute discharge of the Fund's liability
with respect to the amount so paid. Any person, nursing home, hospital, or
mental institution accepting payment under this subsection shall notify the
Fund of the death or any other relevant change in the status of the minor or
person under legal disability.
(Source: P.A. 100-23, eff. 7-6-17.)
|
(40 ILCS 5/8-244.1) (from Ch. 108 1/2, par. 8-244.1)
Sec. 8-244.1. Payment of annuity other than direct.
(a) The board, at the written direction and request of any annuitant,
may, solely as an accommodation to such annuitant, pay the annuity due him
to a bank, savings and loan association or any other financial institution
insured by an agency of the federal government, for deposit to his account,
or to a bank or trust company for deposit in a trust established by him for
his benefit with such bank, savings and loan association or trust company,
and such annuitant may withdraw such direction at any
time. An annuitant who directs the board to pay the annuity due him or her to a financial institution shall hold the board and Fund harmless from any claim or loss related to any error as to whether the financial institution is or continues to be federally insured. The board may also, in the case of any disability beneficiary or
annuitant for whom no estate guardian has been appointed and who is
confined in a publicly owned and operated mental institution, pay such
disability benefit or annuity due such person to the superintendent or
other head of such institution or hospital for deposit to such person's
trust fund account maintained for him by such institution or hospital,
if by law such trust fund accounts are authorized or recognized.
(b) An annuitant formerly employed by the City of Chicago may authorize
the withholding of a portion of his or her annuity for payment of dues to a
labor organization; however, no withholding shall be required under this
subsection for payment to one labor organization unless a minimum of 25
annuitants authorize such withholding. The Board shall prescribe a form for
the authorization of withholding of dues, release of name, social security
number and address and shall provide such forms to employees, annuitants and
labor organizations upon request. Amounts withheld by the Board under this
subsection shall be promptly paid over to the designated organizations,
indicating the names, social security numbers and addresses of annuitants on
whose behalf dues were withheld.
At the request and at the expense of the labor organization, the City of Chicago shall coordinate mailings no
more than twice in any twelve-month period to such annuitants and the Board
shall supply current annuitant addresses to the City of Chicago upon request.
These mailings shall be limited to informing the annuitants of their rights
under this subsection (b), the form authorizing the withholding of dues from
their annuity and information supplied by the labor organization pertinent to
the decision of whether to exercise the rights of this subsection.
(Source: P.A. 101-69, eff. 7-12-19; 102-601, eff. 1-1-22.)
|
(40 ILCS 5/8-245) (from Ch. 108 1/2, par. 8-245)
Sec. 8-245.
Board members-No compensation.
No member of the board shall receive any moneys from the fund as salary
for service performed as such member. Any employee member shall have a
right to be reimbursed for any salary withheld from him by the city
comptroller or the Board of Education of the city, or by any officer or
employee of the city, or Board of Education, because of attendance at any
meeting of the board or the performance of any other duty in connection
with the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-246) (from Ch. 108 1/2, par. 8-246)
Sec. 8-246.
No commissions on investments.
No member of the board, and no person officially connected with the
board, as employee, legal advisor, custodian of the fund, or otherwise,
shall have any right to receive any commission on account of any investment
made by the board, nor shall any such person act as the agent of any other
person concerning any such investment.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-247) (from Ch. 108 1/2, par. 8-247)
Sec. 8-247.
Duties of city officers.
The proper officers of the city and of the Board of Education and of
the retirement board, without cost to the fund, shall:
(a) Deduct all sums required to be deducted from salaries of
employees, and pay such sums to the board in such manner as the board
shall specify.
(b) Furnish the board on the first day of each month information
regarding the employment of any employees, and of all discharges,
resignations and suspensions from the service, deaths, and changes in
salary which have occurred during the preceding month, with the dates
thereof.
(c) Procure for the board in such form as the board specifies, all
information on the employees as to the service, age, salary, residence,
marital status, and data concerning their dependents, including
information relating to the service rendered by the employee prior to
the effective date.
(d) Keep such records concerning employees as the board may
reasonably require and shall specify.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/8-248) (from Ch. 108 1/2, par. 8-248)
Sec. 8-248.
Age of employee.
For any employee who has filed an application for appointment to the
service of the city, the age stated therein shall be conclusive evidence
against the employee of his age for the purposes of this Article, but the
board may decide any claim for any annuity, benefit, refund or payment
according to the age of the employee as shown by other evidence
satisfactory to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-249) (from Ch. 108 1/2, par. 8-249)
Sec. 8-249.
Office facilities.
Suitable rooms for office and meetings of the board shall be assigned by
the mayor of the city.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-250) (from Ch. 108 1/2, par. 8-250)
Sec. 8-250.
Compliance with article.
All officers, officials, and employees of the city shall perform any and
all acts required to carry out the intent and purposes of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
Sec. 8-251. Felony conviction. None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as a municipal employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under Public Act 100-334, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334).
Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. The changes made to this Section by Public Act 100-23 apply only to persons who first become participants under this Article on or after July 6, 2017 (the effective date of Public Act 100-23). All future entrants entering service subsequent to July 11, 1955 shall
be deemed to have consented to the provisions of this Section as a
condition of coverage, and all participants entering service subsequent to August 25, 2017 (the effective date of Public Act 100-334) shall be deemed to have consented to the provisions of Public Act 100-334 as a condition of participation.
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; 100-863, eff. 8-14-18.)
|
(40 ILCS 5/8-252) (from Ch. 108 1/2, par. 8-252)
Sec. 8-252.
Administrative review.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the retirement board provided
for under this Article. The term "administrative decision" is as defined in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
|
(40 ILCS 5/8-253) (from Ch. 108 1/2, par. 8-253)
Sec. 8-253.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/Art. 9 heading) ARTICLE 9. COUNTY EMPLOYEES' AND OFFICERS'
ANNUITY AND BENEFIT FUND - COUNTIES OVER
3,000,000 INHABITANTS
(Source: P.A. 95-331, eff. 8-21-07.) |
(40 ILCS 5/9-101) (from Ch. 108 1/2, par. 9-101)
Sec. 9-101.
Creation of fund.
In each county of more than 3,000,000
inhabitants a County Employees' and Officers' Annuity and Benefit
Fund shall be created, set apart, maintained and administered, in the manner
prescribed in this Article, for the benefit of the employees and officers
herein designated and their beneficiaries.
(Source: P.A. 90-32, eff. 6-27-97.)
|
(40 ILCS 5/9-102) (from Ch. 108 1/2, par. 9-102)
Sec. 9-102. Terms defined. The terms used in this Article have the meanings ascribed to them in the Sections following this Section and preceding Section 9-120, except when the context otherwise
requires.
(Source: P.A. 98-756, eff. 7-16-14.)
|
(40 ILCS 5/9-103) (from Ch. 108 1/2, par. 9-103)
Sec. 9-103.
Fund.
"Fund": The County Employees' and Officers' Annuity and Benefit Fund
herein created.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-104) (from Ch. 108 1/2, par. 9-104)
Sec. 9-104.
The 1925 Act.
"The 1925 Act": "An Act to provide for the creation, setting apart,
maintenance and administration of a county employees' and officers' annuity
and benefit fund in counties having a population exceeding five hundred
thousand inhabitants", approved July 2, 1925, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-105) (from Ch. 108 1/2, par. 9-105)
Sec. 9-105.
County pension fund.
"County pension fund": Any pension fund created by "An Act to provide
for the formation and disbursement of a pension fund in counties having a
population of 150,000 or more inhabitants, for the benefit of officers and
employees in the service of such counties", approved June 29, 1915, as
amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-106) (from Ch. 108 1/2, par. 9-106)
Sec. 9-106.
Effective date.
"Effective date": January 1, 1926, for any county covered by "The 1925
Act" on the date this Article comes in effect; and January 1 of the first
year after the year in which any county hereafter comes under the
provisions of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-107) (from Ch. 108 1/2, par. 9-107)
Sec. 9-107.
Retirement board or board.
"Retirement board" or "board": The Board of Trustees of the County
Employees' and Officers' Annuity and Benefit Fund created by this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-108) (from Ch. 108 1/2, par. 9-108)
Sec. 9-108.
"Employee", "contributor" or "participant".
(a) Any employee of the county employed in any position in the
classified civil service of the county, or in any position under the
County Police Merit Board as a deputy sheriff in the County Police
Department.
Any such employee employed after January 1, 1968 and before January 1,
1984 shall be entitled only to the benefits provided in Sections 9-147
and 9-156, prior to the earlier of completion of 12 consecutive calendar
months of service and January 1, 1984, and no
contributions shall be made by him during this period. Upon the
completion of said period contributions shall begin and the employee
shall become entitled to the benefits of this Article.
Any such employee may elect to make contributions for such
period and receive credit therefor under rules prescribed by the board.
Any such employee in service on or after January 1, 1984, regardless
of when he became an employee, shall be deemed a participant and contributor
to the fund created by this Article and the employee shall be entitled to
the benefits of this Article.
(b) Any employee of the county employed in any position not included in the
classified civil service of the county whose salary or wage is
paid in whole or in part by the county. Any such employee employed after
July 1, 1957, and before January 1, 1984, shall be entitled only to the
benefits provided in Sections 9-147 and 9-156, prior to the earlier of
completion of 12 consecutive calendar months of service and January 1, 1984,
and no contributions shall be made by him
during this period. Upon the completion of said period contributions
shall begin and the employee shall become entitled to the benefits of
this Article.
Any such employee may elect to make contributions for such
period and receive credit therefor under rules prescribed by the board.
Any such employee in service on or after January 1, 1984, regardless
of when he became an employee, shall be deemed a participant and contributor
to the fund created by this Article and the employee shall be entitled to
the benefits of this Article.
(c) Any county officer elected by vote of the people, including a
member of the county board, when such officer elects to become a
contributor.
(d) Any person employed by the board.
(e) Employees of a County Department of Public Aid in counties of
3,000,000 or more population who are transferred to State employment by
operation of law enacted by the 76th General Assembly and who elect not
to become members of the Retirement System established under Article 14
of this Code as of the date they become State employees shall retain
their membership in the fund established in this Article 9 until the
first day of the calendar month next following the date on which they
become State employees, at which time they shall become members of the
System established under Article 14.
(f) If, by operation of law, a function of a "Governmental Unit", as
such term is defined in the "Retirement Systems Reciprocal Act" in
Article 20 of the Illinois Pension Code, is transferred in whole or in
part to the county in which this Article is in force and effect, and
employees are transferred as a group or class to such county service,
such transferred employee shall, if on the day immediately prior to the
date of such transfer he was a contributor and participant in the
annuity and benefit fund or retirement system in operation in such other
"Governmental Unit" for employees of such Unit, immediately upon such
transfer be deemed a participant and contributor to the fund created by
this Article.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(40 ILCS 5/9-108.1) (from Ch. 108 1/2, par. 9-108.1)
Sec. 9-108.1.
Employees of County Department of Public Aid transferred to State
employment by operation of law.
Employees of a County Department of Public Aid in a county of 3,000,000
or more population who, on January 1, 1974, are transferred by operation of
law to State employment and who elect not to become members of the
Retirement System established under Article 14 of this Code as of the date
they become State employees shall retain their membership in the fund
established in this Article 9 until February 1, 1974, at which time they
shall become members of the System established under Article 14.
(Source: P.A. 78-365.)
|
(40 ILCS 5/9-108.2) (from Ch. 108 1/2, par. 9-108.2)
Sec. 9-108.2.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and other benefits applicable to male employees
and their survivors, and the contributions to be made for widows' annuities
or other annuities, benefits, and refunds, shall apply with equal force to
female employees and their survivors, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/9-108.3) Sec. 9-108.3. In service. "In service": Any period during which contributions are being made to the Fund on behalf of an employee except for temporary election work as described in subsection (c) of Section 9-161.
(Source: P.A. 103-552, eff. 8-11-23.) |
(40 ILCS 5/9-109) (from Ch. 108 1/2, par. 9-109)
Sec. 9-109.
"Present employee".
(a) Any employee on the day before the effective date who becomes a
contributor on the effective date; and
(b) Any person who was an employee of the county or the Board of
Trustees of the County Pension Fund on the day before the effective date
who did not become a contributor on the effective date and who is in the
employ of the county or the board on August 31, 1935 and who has made
application on or before September 1, 1935 to the board to have the
provisions of "The 1925 Act" apply to his former periods of service, and
who
(1) was not a contributor to the fund prior to September 1, 1935, or
(2) became a contributor prior to September 1, 1935, and was employed by
the county or board prior to the time he became a contributor;
(c) Any person who (1) was an employee of the county or the Board of
Trustees of the pension fund which the fund herein provided for supersedes,
prior to the effective date but who was not in such employ on such date,
and (2) returns to the service of the county or of the board subsequently
and is an employee for 10 or more years, at least 6 of which were
employment subsequent to such date; and
(d) Any person elected by vote of the people to a county office prior to
July 1, 1947, who on said date is serving in such elective office and who
elects to become a contributor.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-110) (from Ch. 108 1/2, par. 9-110)
Sec. 9-110.
"Future entrant".
(a) Any person not described in subdivisions (b), (c), (d), or (e) of
this definition of "Future Entrant" who becomes an employee on or after the
effective date, except a county officer elected prior to July 1, 1947; and
any person elected by vote of the people to a county office after July 1,
1947, who elects to become a contributor;
(b) Any person who (1) was an employee on August 31, 1935, (2) was not a
contributor prior to September 1, 1935, and (3) did not make application on
or before September 1, 1935, to be covered by "The 1925 Act" for his
periods of service prior to September 1, 1935;
(c) Any person becoming an employee for the first time on or after the
effective date, who (1) was an employee on August 31, 1935, (2) became a
contributor prior to September 1, 1935, (3) rendered service to the county
or board before he became a contributor, and (4) did not make application
to the board on or before September 1, 1935, to be covered by "The 1925
Act" for his former periods of service;
(d) Any person becoming an employee for the first time on or after the
effective date who (1) was an employee on August 31, 1935, (2) became a
contributor prior to September 1, 1935, (3) was employed by the county
prior to becoming a contributor, and (4) made application on or before
September 1, 1935, to the board to be covered by "The 1925 Act" for such
former periods of service;
(e) Any person becoming an employee for the first time on or after the
effective date who (1) was in the employ of the county or the board on
August 31, 1935, (2) did not become a contributor prior to September 1,
1935 and (3) made application on or before September 1, 1935, to be covered
by "The 1925 Act" for his former periods of service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-111) (from Ch. 108 1/2, par. 9-111)
Sec. 9-111.
Re-entrant.
"Re-entrant": Any employee who withdraws from service and receives a
refund, and thereafter re-enters service prior to age 65.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-112) (from Ch. 108 1/2, par. 9-112)
Sec. 9-112. Salary. "Salary": Annual salary of an employee under this Article as follows:
(a) Beginning on the effective date and prior to July 1, 1947 $3000
shall be the maximum amount of annual salary of any employee to be
considered for the purposes of this Article; and beginning on July 1,
1947 and prior to July 1, 1953, said maximum amount shall be $4800; and
beginning on July 1, 1953 and prior to July 1, 1957 said maximum amount
shall be $6,000; and beginning on July 1, 1957, salary shall be based upon the actual sum paid and reported to the Fund, exclusive of
overtime and extra service.
(b) (Blank).
(c) Where the county provides lodging, board and laundry service for
an employee without charge and so reports to the Fund while the employee is receiving such lodging, board and laundry service, his salary shall be considered to be $480 a
year more for the period from the effective date to August 1, 1959 and
thereafter $960 more than the amount payable as salary for the year, and
the salary of an employee for whom one or more daily meals are provided
by the county without charge therefor and are reported by the county to the Fund while the employee is receiving such meals shall be considered to be $120 a
year more for each such daily meal for the period from the effective
date to August 1, 1959 and thereafter $240 more for each such daily meal
than the amount payable as his salary for the year.
(d) For the purposes of ordinary disability, salary shall be based upon the rate reported to the Fund at the date of disability and adjusted to reflect the actual hours paid during the prior year. (Source: P.A. 98-551, eff. 8-27-13.)
|
(40 ILCS 5/9-113) (from Ch. 108 1/2, par. 9-113)
Sec. 9-113.
Disability.
"Disability": A physical or mental incapacity as the result of which an
employee is unable to perform the duties of his position.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-114) (from Ch. 108 1/2, par. 9-114)
Sec. 9-114.
Injury.
"Injury": A physical hurt resulting from external force or violence.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-115) (from Ch. 108 1/2, par. 9-115)
Sec. 9-115. Child or children.
"Child" or "children": The natural child or children or any child or
children legally adopted by an employee.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/9-116) (from Ch. 108 1/2, par. 9-116)
Sec. 9-116.
Withdraws from service, withdrawal from service or withdrawal.
"Withdraws from service", "withdrawal from service" or "withdrawal":
Discharge or resignation of an employee.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-117) (from Ch. 108 1/2, par. 9-117)
Sec. 9-117.
Assets.
"Assets": The total value of cash, securities and other property held.
Bonds shall be valued at their amortized book values.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-118) (from Ch. 108 1/2, par. 9-118)
Sec. 9-118.
Effective rate of interest, interest at the effective rate, or interest.
"Effective rate of interest", "interest at the effective rate", or
"interest": Interest at 4% per annum for a present employee, or for a
future entrant or re-entrant who was a participant or contributor on
January 1, 1954; and at 3% per annum for a future entrant or re-entrant who
becomes a contributor after January 1, 1954. In all cases involving
reserves, credits, transfers, and charges, "effective rate of interest",
"interest at the effective rate" or "interest" shall be applied at these
rates.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-119) (from Ch. 108 1/2, par. 9-119)
Sec. 9-119.
Annuity.
"Annuity": Equal monthly payments for life, unless otherwise specified.
The first payment shall be due and payable 1 month after the occurrence of
the event upon which payment of the annuity depends, and the last payment
shall be payable as of the date of the annuitant's death and be prorated
from the date of the last preceding payment to the date of death; provided,
that as to annuities effective July 1, 1973, and thereafter payments shall
be made as of the first day of each calendar month during the annuity
payment period, the first payment to be made as of the first day of the
calendar month coincidental with or next following the first day of the
annuity payment period and the last payment to be made as of the first day
of the calendar month in which the annuitant dies or the annuity payment
period ends.
(Source: P.A. 78-656.)
|
(40 ILCS 5/9-119.1) Sec. 9-119.1. Earned annuity. "Earned annuity": (1) The annuity a participant has accrued as provided in Section 9-134, disregarding minimum age and service eligibility requirements and without any reduction due to age, or (2) the age and service annuity as provided in Sections 9-125 through 9-128, inclusive.
(Source: P.A. 98-551, eff. 8-27-13.) |
(40 ILCS 5/9-120) (from Ch. 108 1/2, par. 9-120)
Sec. 9-120.
Persons to whom article does not apply.
This Article
does not apply to:
(a) Any person whose position will not ordinarily permit service during
one month in a calendar year, nor to any person who is age 65 or over when
he enters service unless such a person elects to have this Article apply by
filing written notice of such intent with the retirement board within 4
months after the date of entering service. Any person to whom this Article
did not apply because of the age 65 limitation may file such written notice
within 4 months of the effective date of this Amendatory Act. Such a
person may establish credit for any periods for which this Article did not
apply by making the employee contributions which would have been required
had this Article applied to such person together with interest.
(b) Any person who becomes an employee after June 30, 1979 as a public
service employment program participant under the Federal Comprehensive
Employment and Training Act and whose wages or fringe benefits are paid in
whole or in part by funds provided under such Act.
(Source: P.A. 87-794.)
|
(40 ILCS 5/9-120.1)
Sec. 9-120.1.
CTA - continued participation; military service credit.
(a) A person who (i) has at least 20 years of creditable service in the
Fund, (ii) has not begun receiving a retirement annuity under this Article,
and (iii) is employed in a position under which he or she is eligible to
actively participate in the retirement system established under Section 22-101
of this Code may elect, after he or she ceases to be a participant but in no
event after June 1, 1998, to continue his or her participation in this Fund
while employed by the Chicago Transit Authority, for up to 10 additional years,
by making written application to the Board.
(b) A person who elects to continue participation under this Section shall
make contributions directly to the Fund, not less frequently than monthly,
based on the person's actual Chicago Transit Authority compensation and the
rates applicable to employees under this Fund. Creditable service shall be
granted to any person for the period, not exceeding 10 years, during which the
person continues participation in this Fund under this Section and continues to
make contributions as required. For periods of service established under this
Section, the person's actual Chicago Transit Authority compensation shall be
considered his or her salary for purposes of calculating benefits under this
Article.
(c) A person who elects to continue participation under this Section may
cancel that election at any time.
(d) A person who elects to continue participation under this Section may
establish service credit in this Fund for periods of employment by the Chicago
Transit Authority prior to that election, by applying in writing and paying to
the Fund an amount representing employee contributions for the service being
established, based on the person's actual Chicago Transit Authority
compensation and the rates then applicable to employees under this Fund,
without interest.
(e) A person who qualifies under this Section may elect to purchase
credit for up to 4 years of military service, whether or not that
service followed service as a county employee. The military service need
not have been served in wartime, but the employee must not have been
dishonorably discharged. To establish this creditable service the
applicant must pay to the Fund, on or before July 1, 1998, an amount determined
by the Fund to represent the employee contributions for the creditable service,
based on the employee's rate of compensation on his or her last day of service
as a contributor before the military service or his or her
salary on the first day of service following the military service, whichever is
greater, plus interest at the effective rate from the date of discharge to the
date of payment. For the purposes of this subsection, "military service"
includes service in the United States armed forces reserves.
(f) Notwithstanding any other provision of this Section, a person may not
establish creditable service under this Section for any period for which the
person receives credit under any other public employee retirement system,
including the retirement system established under Section 22-101 of this Code,
unless the credit under that retirement system has been irrevocably
relinquished.
(Source: P.A. 90-32, eff. 6-27-97.)
|
(40 ILCS 5/9-121) (from Ch. 108 1/2, par. 9-121)
Sec. 9-121.
Election of county officer to become contributor.
(a) Any employee elected by a vote of the people to a county office
may elect to become a contributor by exercising such election while in
office.
(b) Upon election by a future entrant, credit shall accrue for all
service and credit shall be granted for all contributions made by and on
his behalf by the county for age and service and widow's annuity. The
employee may make contributions with interest at the effective rate,
equal to the sum which would have accumulated to his credit for age and
service and widow's annuity as of the date he becomes a contributor had
he made contributions from the
date of his assuming elective office to
the date he becomes a contributor. Concurrent credit shall be granted
for county contributions at the rate in effect during the periods for
which the employee made contributions.
Any future entrant who renders at least 2 years of service after such
election shall receive credit for all purposes of this Article,
including prior service, provided that if he has received a refund of
contributions with respect to any such service, credit shall not be
granted unless repayment is made of all such refunds, including interest
to the date of repayment.
(c) Upon election by a present employee, credit shall be granted and
county contributions shall be made for all purposes of this Article for
all periods prior to October 1, 1947, during which he was an officer or
employee of the county, except as otherwise prescribed in this Section.
Such county contributions shall be at the rates in effect for employees
under the provisions of "The 1925 Act" during periods for which credit
is allowed for the purposes specified in this paragraph together with
interest, and shall be considered together with all other contributions
in the computation of annuities to which the employee or his widow may
be entitled.
Any such present employee may elect to make additional contributions
with interest at 4% per annum, equal to the sum which would have
accumulated for age and service annuity and widow's annuity as of the
date he became a contributor had he made contributions throughout his
entire period of service for which county contributions are provided in
this Section. Such additional contributions shall be improved at
interest for the same period of time as regular contributions in the
case of any other present employee, and shall, together with all other
amounts contributed by the employee, be considered as
contributions for
age and service annuity, widow's annuity and refund purposes.
(d) Any present employee who received a refund under "The 1925 Act"
prior to July 1, 1947, shall receive no credit for service covered by
such refund unless repayment is made by him of all such refunds,
including interest to the date of repayment.
(e) The time and manner of making additional contributions and
repayment of refunds shall be prescribed by the board.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-121.1) (from Ch. 108 1/2, par. 9-121.1)
Sec. 9-121.1.
General Assembly transfer.
(a) Any active (and until February 1, 1993, any former) member of
the General Assembly Retirement System may apply for transfer of his
credits and creditable service accumulated under this Fund to the General
Assembly System. Such credits and creditable service shall be transferred
forthwith. Payment by this Fund to the General Assembly Retirement System
shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
(b) An active (and until February 1, 1993, a former) member of the
General Assembly Retirement System who has service credits and
creditable service under the Fund may establish additional service credits
and creditable service for periods during which he was an elected official
and could have elected to participate but did not so elect. Service credits
and creditable service may be established by payment to the fund of an amount
equal to the contributions he would have made if he had elected to participate,
plus interest to the date of payment.
(c) An active (and until February 1, 1993, a former) member of the
General Assembly Retirement System may reinstate service and service
credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(d) An active (and until February 1, 1993, a former) member of the
General Assembly having no service credits or creditable service in the
Fund may establish service credit and creditable service for periods during
which he was employed by the county but did not participate in the Fund, by
paying to the Fund prior to July 1, 1991 an amount equal to the
contributions he would have made if he had participated, plus interest
thereon at 6% per annum compounded annually from such period to the date
of payment.
(e) Any active member of the General Assembly may apply for transfer of
his credits and creditable service established under subsection (c) or (d)
to any annuity and benefit fund established under Article 5, 8 or 12 of
this Act. Such credits and creditable service shall be transferred
forthwith, together with a payment from this Fund to the designated Article
5, 8 or 12 fund consisting of the amounts accumulated to the credit of the
applicant under subsection (c) or (d), including the corresponding employer
contributions and interest, on the books of the Fund on the date of
transfer. Participation in this Fund as to any credits transferred under
this subsection shall terminate on the date of transfer.
(Source: P.A. 86-27; 86-273; 86-1028; 86-1488; 87-794.)
|
(40 ILCS 5/9-121.2) (from Ch. 108 1/2, par. 9-121.2)
Sec. 9-121.2.
Validation of service credits.
An active member of
the General Assembly having no service credits or creditable service in
the Fund, may establish service credit and creditable service for
periods during which he was an employee of an employer in an elective
office and could have elected to participate in the Fund but did not so
elect. Service credits and creditable service may be established by
payment to the Fund of an amount equal to the contributions he would
have made if he had elected to
participate plus interest to the date of
payment, together with a like amount as the applicable municipality
credits including interest, but the total period of such creditable
service that may be validated shall not exceed 8 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-121.3) (from Ch. 108 1/2, par. 9-121.3)
Sec. 9-121.3.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/9-121.4) (from Ch. 108 1/2, par. 9-121.4)
Sec. 9-121.4.
Service as Village Trustee.
Any participant who served as
a Village Trustee, and was not then eligible to participate in the Illinois
Municipal Retirement Fund for such service, may elect to receive credit
under this Article for such service by paying to the Fund: (1) an amount equal
to his annual salary at the time of election, times the employee contribution
rate in effect at the time of election, times the number of years of service
credit to be granted under this Section; plus (2) an amount equal to his
annual salary at the time of election, times the employer contribution rate
in effect at the time of election, times the number of years of service
credit to be granted under this Section. The service credit received under
this Section may not exceed 50% of the participant's service credit in the
Fund at the time of election. No person may receive more than 4 years of
service credit under this Section.
(Source: P.A. 82-785.)
|
(40 ILCS 5/9-121.5) (from Ch. 108 1/2, par. 9-121.5)
Sec. 9-121.5.
Elected county officer transfer of credits.
Any county
officer elected by vote of the people who has elected to participate in the
Fund may transfer to this Fund credits and creditable service accumulated
under any other pension fund or retirement system established under
Articles 2 through 18 of this Code, upon payment to the Fund of (1) the
amount by which the employer and employee contributions that would have
been required if he had participated in this Fund during the period for
which credit is being transferred, plus interest, exceeds the amounts
actually transferred from such other fund or system to this Fund, plus (2)
interest thereon at 6% per year compounded annually from the date of transfer
to the date of payment.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
Sec. 9-121.6. Alternative annuity for county officers. (a) Any
county officer elected by vote of the people may elect to establish
alternative credits for an alternative annuity by electing in writing to
make additional optional contributions in accordance with this Section and
procedures established by the board. Such elected county officer
may discontinue making the additional optional contributions by notifying
the Fund in writing in accordance with this Section and procedures
established by the board.
Additional optional contributions for the alternative annuity shall
be as follows:
(1) For service after the option is elected, an | ||
| ||
(2) For service before the option is elected, an | ||
| ||
(b) In lieu of the retirement annuity otherwise payable under this
Article, any county officer elected by vote of the people who (1) has
elected to participate in the Fund and make additional optional
contributions in accordance with this Section, and (2)
has attained age 60 with at least 10 years of service credit,
or has attained age 65 with at least 8 years of service credit, may elect
to have his retirement annuity computed as follows: 3% of the
participant's salary at the time of termination of service for each of the
first 8 years of service credit, plus 4% of such salary for each of the
next 4 years of service credit, plus
5% of such salary for each year of service credit in excess of 12 years,
subject to a maximum of 80% of such salary. To the extent such elected
county officer has made additional optional contributions with respect to
only a portion of his years of service credit, his retirement annuity will
first be determined in accordance with this Section to the extent such
additional optional contributions were made, and then in accordance with
the remaining Sections of this Article to the extent of years of service
credit with respect to which additional optional contributions were not made.
(c) In lieu of the disability benefits otherwise payable under this
Article, any county officer elected by vote of the people who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform the duties
of his office, and (3) was making optional contributions in accordance with
this Section at the time the disability was incurred, may elect to receive
a disability annuity calculated in
accordance with the formula in subsection (b). For the purposes of this
subsection, such elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an elected
county officer and is of such a nature as to prevent him from reasonably
performing the duties of his office at the time; and (ii) the board has
received a written certification by at least 2 licensed physicians
appointed by it stating that such officer is disabled and that the
disability is likely to be permanent.
(d) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Sections 9-164,
9-166, and 9-167. Interest shall be credited at the effective rate on the
same basis and under the same conditions as for other contributions.
Optional contributions under this
Section shall be included in the amount of employee contributions used to
compute the tax levy under Section 9-169.
(e) The effective date of this plan of optional alternative benefits
and contributions shall be January 1, 1988, or the date upon which
approval is received from the U.S. Internal Revenue Service, whichever is
later. The plan of optional alternative benefits and contributions shall
not be available to any former county officer or employee receiving an
annuity from the Fund on the effective date of the plan, unless he
re-enters service as an elected county officer and renders at least 3 years
of additional service after the date of re-entry.
(f) Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official applies in writing to the fund within 6 months after July 2, 2010 (the effective date of Public Act 96-961) and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the actuarially assumed rate. (g) The plan of optional alternative benefits and contributions authorized under this Section applies only to county officers elected by vote of the people on or before January 1, 2008 (the effective date of Public Act 95-654).
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/9-121.7) (from Ch. 108 1/2, par. 9-121.7)
Sec. 9-121.7. Alternative survivor's benefits for survivors of county
officers. In lieu of the survivor's benefits otherwise payable under this
Article, the spouse or eligible child of any deceased county officer
elected by vote of the people who (1) had elected to participate in the
Fund, and (2) was either making additional optional contributions in
accordance with Section 9-121.6 on the date of death, or was receiving
an annuity calculated under that Section at the time of death, may elect to
receive an annuity beginning on the date of the
elected county officer's death, provided that the spouse and officer must
have been married on the date of the last termination of his or her service
as an elected county officer and for a continuous period of at least one year
immediately preceding his or her death.
The annuity shall be payable beginning on the date of the elected
county officer's death if the spouse is then age 50 or over, or beginning
at age 50 if the age of the spouse is less than 50 years. If a minor
unmarried child or children of the county officer, under age 18, also
survive, and the child or children are under the care of the eligible
spouse, the annuity shall begin as of the date of death of the elected county
officer without regard to the spouse's age.
The annuity to a spouse shall be 66 2/3% of the amount of retirement
annuity earned by the elected county officer on the date of death, subject to a
minimum payment of 10% of salary, provided that if an eligible spouse,
regardless of age, has in his or her care at the date of death of the
elected county officer any unmarried child or children of the county
officer, under age 18, the minimum annuity shall be 30% of the elected
officer's salary, plus 10% of salary on account of each minor child
of the elected county officer, subject to a combined total payment on
account of a spouse and minor children not to exceed 50% of the deceased
officer's salary. In the event there shall be no spouse
of the elected county officer surviving, or should a
spouse remarry or die while eligible minor children still survive the
elected county officer, each such child shall be entitled to an annuity
equal to 20% of salary of the elected officer subject to a combined total
payment on account of all such children not to exceed 50% of salary of the
elected county officer. The salary to be used in the calculation of these
benefits shall be the same as that prescribed for determining a retirement
annuity as provided in Section 9-121.6.
Upon the death of an elected county officer occurring after termination
of service or while in receipt of a retirement annuity, the combined total
payment to a spouse and minor children, or to minor children alone if no
eligible spouse survives, shall be limited to 75% of the amount of
retirement annuity earned by the county officer.
Marriage of a child or attainment of age 18, whichever first occurs,
shall render the child ineligible for further consideration in the payment
of an annuity to a spouse or in the increase in the amount thereof. Upon
attainment of ineligibility of the youngest minor child of the elected
county officer, the annuity shall immediately revert to the amount payable
upon death of an elected county officer leaving no minor children surviving
him or her. If the spouse is under age 50 at such time, the annuity as
revised shall be deferred until such age is attained. Remarriage of a
widow or widower prior to attainment of age 55 shall disqualify the spouse
from the receipt of an annuity.
(Source: P.A. 95-279, eff. 1-1-08.)
|
(40 ILCS 5/9-121.8) (from Ch. 108 1/2, par. 9-121.8)
Sec. 9-121.8.
Transfer of creditable service to Article 8 or 13
Fund.
(a) Any city officer as defined in Section 8-243.2
of this Code, and any sanitary district commissioner elected by
vote of the people who is a participant in the pension fund established
under Article 13 of this Code, may apply for transfer of his credits and
creditable service accumulated under this Fund to such Article 8 or 13
fund. Such creditable service shall be transferred forthwith. Payment by
this Fund to the Article 8 or 13 fund shall be made at the same time
and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions computed by the Board and | ||
| ||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any such elected city officer or sanitary district commissioner
who has credits and
creditable service under the Fund may establish additional credits
and creditable service for periods during which he
could have elected to participate but did not so elect.
Credits and creditable service may be established by payment to the
Fund of an amount equal to the contributions he would have made if he had
elected to participate, plus interest to the date of payment.
(c) Any such elected city officer or sanitary district commissioner may reinstate
credits and creditable service terminated upon receipt of a separation
benefit, by payment to the Fund of the amount of the separation benefit
plus interest thereon to the date of payment.
(Source: P.A. 85-964; 86-1488.)
|
(40 ILCS 5/9-121.9) (from Ch. 108 1/2, par. 9-121.9)
Sec. 9-121.9.
Age Discrimination.
Notwithstanding any other
provisions in this Article, it is the intention of the General Assembly to
comply with the federal Age Discrimination in Employment Act of 1967, as
amended by the Age Discrimination in Employment Amendments of 1986 and the
Omnibus Budget Reconciliation Act of 1986, as required with respect to
benefits for older individuals. For this purpose, if required, the
following changes shall govern with respect to other Sections of this
Article, effective January 1, 1988 unless otherwise specified:
(1) Contributions. Beginning January 1, 1988, the spouse contribution
shall not cease at age 65, but shall continue during the term of service.
Beginning January 1, 1988, concurrent county contributions shall be made
during the term of service.
(2) Money purchase accounts "fixed" at age 65. Beginning January 1,
1988, for all purposes, accruals after age 65 for the accounts of those
employees who have not withdrawn or retired shall be "unfixed" with
interest from the date fixed to January 1, 1988, without any contribution
from the time originally fixed until the effective date of this amendatory
Act of 1989. Thereafter, all
money purchase accounts shall not be "fixed", but shall continue to accrue
until time of withdrawal. No contributions are permitted from the time
"fixed" until the time "unfixed".
(3) Employee money purchase annuity after age 65. Beginning January 1,
1988, all money purchase annuities shall be computed without limitation for
age at time of withdrawal and without being "fixed" at any limiting age.
(4) Widows and wives not entitled to annuity. Beginning January 1,
1988, there shall be no requirement that marriage take place before the
employee attained age 65. Any "no spouse" refund must be repaid with
interest at the effective rate before a spouse annuity is payable.
(5) Children. Beginning January 1, 1988, there shall be no age
requirement on the employee age for a child's annuity.
(6) Compensation and supplemental annuities. The age condition shall remain at 65.
(7) Accounting. Beginning January 1, 1988, or as soon as practical, the
Annuity Payment Fund Accounts and the Prior Service Fund Accounts "fixed"
shall be "unfixed" and the appropriate amounts returned to the Salary
Deduction Fund Account and the corresponding County Contribution Fund Account.
(8) Refunds. Beginning immediately, there shall be no in-service
distribution of a "no spouse" refund. Such distribution, if any, shall be
made as otherwise provided. Likewise, there shall be no other refund
of deductions after fixed or excess cost. Any "no spouse" refund must be repaid with
interest at the effective rate before a spouse annuity is payable.
(9) Re-entry into service. Beginning January 1, 1988, for any re-entry
into service after age 65, the employee's money purchase annuity and the
widow's money purchase annuity may be recomputed if it is more beneficial to do so.
(10) Computation. Benefits using accruals after age 65 will begin to be
computed January 1, 1988. No benefits will be recomputed for any annuitant
who has withdrawn before January 1, 1988.
(11) Participation. Effective immediately, this Article shall apply
to all persons eligible to participate regardless of age. Beginning
immediately all eligible persons previously excluded from participation in
the fund either voluntarily or involuntarily, shall be enrolled as
participants and contributions shall begin and continue during the term of service.
(Source: P.A. 86-272.)
|
(40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
Sec. 9-121.10. Transfer to Article 14.
(a) Any active member of the State Employees'
Retirement System who is a State policeman, investigator for the Office of the Attorney General, an investigator for the Department of Revenue, investigator for the Illinois Gaming Board, arson investigator, investigator for the Secretary of State, or conservation police officer may apply for transfer of some
or all of his creditable service as a member of the County Police
Department, a county corrections officer, or a court services officer accumulated under this Article to the State Employees'
Retirement System in accordance with Section 14-110. At the time of the transfer the Fund shall pay to the
State Employees' Retirement System an amount equal to:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding municipality credits, including | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in this Fund with respect to the credits transferred shall
terminate on the date of transfer.
(b) Any person applying to transfer service under this Section
may reinstate credit for service as a member of the County Police
Department that was terminated by receipt of a refund, by paying to the
Fund the amount of the refund with interest thereon at the actuarially assumed rate of interest, compounded annually, from the date of refund to the date of payment.
(Source: P.A. 102-856, eff. 1-1-23.)
|
(40 ILCS 5/9-121.11) (from Ch. 108 1/2, par. 9-121.11)
Sec. 9-121.11.
Transfer of credit from Article 8 or 11.
Until March 1,
1993, an employee may transfer to this Fund up to a total of 10 years of
creditable service accumulated under Article 8 or 11 of this Code, upon
payment to this Fund of (1) the amount by which the employee and employer
contributions that would have been required if the employee had participated
in this Fund during the period for which credit is being transferred, plus
interest, exceeds the amount actually transferred from the Article 8 or 11
fund to this Fund, plus (2) interest on the amount determined under item
(1) at the rate of 6% per year, compounded annually, from the date of the
transfer to the date of payment.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/9-121.12) (from Ch. 108 1/2, par. 9-121.12)
Sec. 9-121.12.
Transfer to Article 18 system.
Any active member of the
Judges Retirement System who is eligible to transfer service credit to that
System from this Fund under subsection (g) of Section 18-112 may apply for
transfer of that service credit to the Judges Retirement System. The
credits and creditable service shall be transferred upon application, and
shall include payment by this Fund to the Judges Retirement System of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding employer credits computed and | ||
| ||
Participation in this Fund as to the credits transferred under this
Section shall terminate on the date of transfer.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/9-121.13)
Sec. 9-121.13.
Transfer of Article 5
credits.
(a) An active participant in the Fund who was employed by the office of
the Cook County State's Attorney on January 1, 1995 may transfer to this Fund
credits and creditable service accumulated under the pension fund established
under Article 5 of this Code, as provided in Section 5-237, by submitting a
written application to the Fund and paying to the Fund the amount, if any,
by which the amount transferred to the Fund under Section 5-237 is less than
the amount of employee and employer contributions that would have been received
by the Fund if the service being transferred had been served as a participant
of this Fund, including interest at the rate of 6% per year, compounded
annually, from the date of the service to the date of payment.
(b) Until July 1, 1998, an active participant in the Fund who is a member
of the county police department may transfer to
this Fund credits and creditable service accumulated under the pension fund
established under Article 5 of this Code, as provided in Section 5-237, by
submitting a written application to the Fund and paying to the Fund the amount,
if any, by which the amount transferred to the Fund under Section 5-237 is less
than the amount of employee and employer contributions that would have been
received by the Fund if the service being transferred had been served as a
participant of this Fund, including interest at the rate of 6% per year,
compounded annually, from the date of the service to the date of payment.
(c) The applicant may elect to have the service transferred be deemed
service as a member of the county police department; if the applicant so
elects, the required payment shall be calculated on the basis of the rates
applicable to members of the county police department.
(Source: P.A. 89-136, eff. 7-14-95; 90-32, eff. 6-27-97.)
|
(40 ILCS 5/9-121.15)
Sec. 9-121.15.
Transfer of credit from Article 14 system.
A current or
former employee shall be entitled to service credit in the Fund
for any creditable service transferred to this Fund from the State Employees'
Retirement System under Section 14-105.7 of this Code. Credit under this Fund
shall be granted upon receipt by the Fund of the amounts required to be
transferred under Section 14-105.7; no additional contribution is necessary.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-121.16)
Sec. 9-121.16.
Contractual service to the Retirement Board.
A person who
has rendered continuous contractual services (other than legal or actuarial
services) to
the Retirement Board for a period of at least 5 years may establish creditable
service in the Fund for up to 10 years of those services by making written
application to the Board before July 1, 2003 and paying to the Fund an amount
to be determined by the Board, equal to the employee contributions that would
have been required if those services had been performed as an employee.
For the purposes of calculating the required payment, the Board may determine
the applicable salary equivalent based on the compensation received by the
person for performing those contractual services. The salary equivalent
calculated under this Section shall not be used for determining final average
salary under Section 9-134 or any other provisions of this Code.
A person may not make optional contributions under Section 9-121.6 or
9-179.3 for periods of credit established under this Section.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-121.17) Sec. 9-121.17. Transfer from Article 3. Until 6 months after the effective date, an employee may transfer to this Fund up to 6 years of creditable service accumulated under Article 3 of this Code, upon payment to this Fund of (1) the amount by which the employee and employer contributions that would have been required if the employee had participated in this Fund during the period for which credit is being transferred, plus interest, exceeds the amount actually transferred from the Article 3 fund to this Fund, plus (2) interest on the amount determined under item (1) at the rate of 6% per year, compounded annually, from the date of the transfer to the date of payment.
(Source: P.A. 95-504, eff. 8-28-07.) |
(40 ILCS 5/9-121.18) Sec. 9-121.18. Transfer to Article 5. (a) Any active member of Article 5 of this Code may apply for transfer of some or all of his creditable service as a correctional officer with the county department of corrections accumulated under this Article to the Article 5 Fund in accordance with paragraph (b) of Section 5-234. At the time of the transfer the Fund shall pay to the Article 5 Fund an amount equal to: (1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding employer credits, including | ||
| ||
(3) any interest paid by the applicant in order to | ||
| ||
Participation in this Fund with respect to the credits transferred shall terminate on the date of transfer. (b) Any person applying to transfer service under this Section may reinstate credit for service as a member of the county department of corrections that was terminated by receipt of a refund, by paying to the Fund the amount of the refund with interest thereon at the actuarially assumed rate, compounded annually, from the date of refund to the date of payment.
(Source: P.A. 96-727, eff. 8-25-09.) |
(40 ILCS 5/9-122) (from Ch. 108 1/2, par. 9-122)
Sec. 9-122.
Time of fixing annuities-Waiver.
No annuity or disability benefit shall be fixed, granted, or paid under
this Article before the effective date.
Any employee annuitant or widow annuitant may execute a waiver of his or
her right to receive any part of his or her total annuity. A waiver shall
take effect upon its being filed with the board. A waiver may not be
revoked after it is executed and filed, except within the first 30 days
after being filed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-123) (from Ch. 108 1/2, par. 9-123)
Sec. 9-123.
Prior service annuities-When due.
A "Prior Service Annuity" shall be credited to present employees in
accordance with "The 1925 Act" for service rendered prior to the
effective date.
Each such credit shall be improved by interest at the effective rate
during the time the employee is in service until his annuity is fixed. In
determining such credit, the employee's annual salary for his entire period
of prior service shall be the salary in effect on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-124) (from Ch. 108 1/2, par. 9-124)
Sec. 9-124.
Age and service annuity.
An "Age and Service Annuity" shall be credited employees for
contributing service rendered after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-125) (from Ch. 108 1/2, par. 9-125)
Sec. 9-125.
Annuities - Present employees and future entrants
attaining age 65 in service.
(a) A present employee who attains age 65 or more in service, having
age and service and prior service annuity credits sufficient to provide
an annuity as of age 65 equal to the amount he would have had if employee
contributions and county contributions had been made in
accordance with this Article during his entire term of service until age
65 shall be entitled upon withdrawal to an annuity from the sum
accumulated for age and service annuity and the applicable credits for
prior service annuity.
(b) A present employee who attains age 65 or more in service, and
who does not have the credits described in paragraph (a), shall be
entitled on the date of withdrawal, based upon the assumption that his
age is then 65, to an annuity based on the sum accumulated for age and
service annuity and the applicable credits for prior service annuity.
(c) A future entrant who attains age 65 in service shall be
entitled, upon withdrawal, to age and service annuity provided from the
sum accumulated for such annuity at such age.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-126) (from Ch. 108 1/2, par. 9-126)
Sec. 9-126.
Annuities-Present employees and future entrants-Withdrawal after age 60
and prior to 65.
An employee who attains age 60 or more but less than age 65 in service,
upon withdrawal, shall be entitled to annuity as follows:
1. Present Employee--Age and service and prior service annuities
provided from the total sum accumulated to his credit for such annuities on
the date of withdrawal, computed as of his age on such date of withdrawal.
2. Future Entrant--Age and service annuity provided from the total sum
accumulated to his credit for such annuity on the date of withdrawal,
computed as of his age on such date of withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-127) (from Ch. 108 1/2, par. 9-127)
Sec. 9-127.
Annuities - Present employees and future
entrants - Withdrawal after age 50 and prior to age 60.
An employee who (i) withdraws prior to January 1, 1988,
having attained age 55 or more but less than age 60 in
service and having 10 or more years of service at date of withdrawal, or (ii)
beginning January 1, 1988, attains age 50 in the service and withdraws
before age 60 with at least 10 years of creditable service, shall
be entitled to annuity, from the date of withdrawal, as follows:
1. Present employee and future entrant with 20 or more years of
service - Age and service annuity provided from the total sum accumulated
to his credit from employee contributions and county contributions for
such annuity, and, for a present employee, prior service annuity from
the total sum accumulated to his credit for such annuity.
2. Present employee and future entrant with 10 or more but less than
20 years of service - Age and service annuity provided from the total sum
accumulated to his credit for such annuity from employee contributions,
plus 1/10 of the corresponding credits accumulated for such annuity from
county contributions for each year of service after the first 10 years;
and, in addition in the case of a present employee, the total sum
accumulated to his credit for prior service annuity on account of
employee contributions to any county pension fund in operation in the
county on the effective date, and 1/10 of prior service annuity
accumulated to his credit under "The 1925 Act" and this Article, for
each year of service after the first 10 years.
Any such annuity shall be computed as of the employee's age on the
date of withdrawal.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-128) (from Ch. 108 1/2, par. 9-128)
Sec. 9-128.
Annuities - Present employees and future
entrants - Withdrawal before age 50. An employee who, prior to January 1,
1988, withdraws after 10 years of service before age 55 and
attains age 55 while out of service shall be entitled to annuity after
attainment of age 55. An employee with at least 10 years of creditable
service who withdraws from service on or after January 1, 1988 at less than
age 50 shall be entitled to annuity upon attaining age 50. Such annuities
shall be calculated as follows:
1. Present employee and future entrant with 20 or more years of
service - Age and service annuity provided from the total sum accumulated to
his credit from employee contributions and county contributions for such
annuity, and, in addition in the case of a present employee, prior service
annuity from the sum accumulated to his credit for such annuity.
2. Present employee and future entrant with 10 or more but less than 20
years of service - Age and service annuity provided from total sum
accumulated to his credit for such annuities from employee contributions,
plus 1/10 of the county contributions accumulated to his credit for each
year of service after the first 10 years; and, in addition, in the case of
a present employee, credits for prior service annuity on account of
employee contributions to any county pension fund in operation in the
county on the effective date, and 1/10 of the prior service annuity
accumulated to his credit under "The 1925 Act" and this Article, for each
year of service after the first 10 years.
Any such annuity shall be computed as though the employee were age 50
when the annuity was granted (age 55 for employees withdrawing before
January 1, 1988), regardless of his actual age at the time of application for
annuity. An employee shall not be entitled to annuity for any period
between the date he attained age 50 (age 55 for employees withdrawing
before January 1, 1988) and the date of application for annuity.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-128.1) (from Ch. 108 1/2, par. 9-128.1)
Sec. 9-128.1.
Annuities for members of the County Police Department.
(a) In lieu of the regular or minimum annuity or annuities for any deputy
sheriff who is a member of a County Police Department, he may, upon withdrawal
from service after not less than 20 years of service in the position of
deputy sheriff as defined below, upon
or after attainment of age 55, receive a total annuity equal to 2% for each
year of service based upon his highest average annual salary for any 4
consecutive years within the last 10 years of service immediately
preceding the date of withdrawal from service, subject to a maximum
annuity equal to 75% of such average annual salary.
(b) Any deputy sheriff who withdraws from the service after July 1, 1979,
after having attained age 53 in the service with 23 or more years of service
credit shall be entitled to an annuity computed as follows if such annuity
is greater than that provided in the foregoing paragraphs of this Section
9-128.1: An annuity equal to 50% of the average salary for the 4 highest
consecutive years of the last 10 years of service plus additional annuity
equal to 2% of such average salary for each completed year of service or
fraction thereof rendered after his attainment of age 53 and the completion
of 23 years of service, plus an additional annuity equal to 1% of such
average salary for each completed year of service or fraction thereof in
excess of 23 years up to age 53.
(c) Any deputy sheriff who withdraws from the service after December 31,
1987 with 20 or more years of service credit, shall be entitled, upon
attainment of age 50, to an annuity computed as follows if such annuity is
greater than that provided in the foregoing paragraphs of this Section
9-128.1: An annuity equal to 50% of the average salary for the 4 highest
consecutive years of the last 10 years of service, plus additional annuity
equal to 2% of such average salary for each completed year of service or
fraction thereof in excess of 20 years.
(d) A deputy sheriff who reaches compulsory retirement age and who has less
than 23 years of service shall be entitled to a minimum annuity equal to
an amount determined by the product of (1) his years of service and (2)
2% of his average salary for the 4 consecutive highest years of salary within
the last 10 years of service immediately prior to his reaching compulsory
retirement age.
(e) Any deputy sheriff who retires after January 1, 1984 and elects to
receive an annuity under this Section, and who has credits under this
Article for service not as a deputy sheriff, shall be entitled to receive,
in addition to the amount of annuity otherwise provided under this Section,
an additional amount of annuity provided from the totals accumulated to his
credit for prior service and age and service annuities for such service not
as a deputy sheriff.
(f) The term "deputy sheriff" means an employee charged with the duty of
law enforcement as a deputy sheriff as specified in Section 1 of "An Act
in relation to County Police Departments in certain Counties, creating a
County Police Department Merit Board and defining its powers and
duties", approved August 5, 1963, who rendered service in such position
before and after such date.
The terms "deputy sheriff" and "member of a County Police Department"
shall also include an elected sheriff of the county who has elected to become
a contributor and who has submitted to the board his written election to
be included within the provisions of this Section. With respect to any
such sheriff, service as the elected sheriff of the county shall be deemed
to be service in the position of deputy sheriff for the purposes of this
Section provided that the employee contributions therefor are made at the
rate prescribed for members of the County Police Department. A sheriff
electing to be included under this Section may also elect to have his service
as sheriff of the county before the date of such election included as service
as a deputy sheriff for the purposes of this Section, by making an additional
contribution for each year of such service, equal to the difference between
the amount he would have contributed to the Fund during such year had he
been contributing at the rate then in effect for members of the County Police
Department and the amount actually contributed, plus interest thereon at
the rate of 6% per annum from the end of such year to the date of payment.
(g) In no case shall an annual annuity provided in this Section 9-128.1
exceed 80% of the average annual salary for any 4 consecutive years within
the last 10 years of service immediately preceding the date of withdrawal from
service.
A deputy sheriff may in addition, be entitled to the benefits provided by
Section 9-133 or 9-133.1 if he so qualifies under such Sections.
(h) A deputy sheriff may elect, between January 1 and January 15, 1983, to
transfer his creditable service as a member of the State Employees' Retirement
System of Illinois to any Fund established under this Article of which he
is a member, and such transferred creditable service shall be included as
service for the purpose of calculating his benefits under this Article to
the extent that the payment specified in Section 14-105.3 has been received
by such Fund.
(i) An active deputy sheriff who has at least 15 years of service
credit in that capacity may elect to have any or all of his credits under
this Article for service not as a deputy sheriff deemed to be credits for
service as a deputy sheriff, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the Board, equal to
(1) the difference between the amount of employee contributions actually
contributed by the applicant for such service not as a deputy sheriff, and
the amounts that would have been contributed had such contributions been
made at the rates applicable to service as a deputy sheriff, plus (2)
interest thereon at the rate of 3% per annum, compounded annually, from the
date of service to the date of payment.
(j) Beginning on the effective date of this amendatory Act of 1996, the
terms "deputy sheriff" and "member of a County Police Department" shall also
include any chief of the County Police Department or undersheriff of the
County Sheriff's Department who has submitted to the board his or her written
election to be included within the provisions of this Section. With respect to
any such police chief or undersheriff, service as a chief of the County Police
Department or an undersheriff of the County Sheriff's Department shall be
deemed to be service in the position of deputy sheriff for the purposes of this
Section, provided that the employee contributions therefor are made at the rate
prescribed for members of the County Police Department.
A chief of the County Police Department or undersheriff of the County
Sheriff's Department electing to be
included under this Section may also elect to have his or her service as chief
of the County Police Department or undersheriff of the County Sheriff's
Department before the date of the election included as service as a deputy
sheriff for the purposes of this Section, by making an additional contribution
for each year of such service, equal to the difference between the amount that
he or she would have contributed to the Fund during that year at the rate then
in effect for members of the County Police Department and the amount actually
contributed, plus interest thereon at the rate of 6% per year, compounded
annually, from the end of that year to the date of payment.
A chief of the County Police Department or undersheriff of the County
Sheriff's Department who has elected to be included within the provisions of
this Section may transfer to this Fund credits and creditable service
accumulated under any pension fund or retirement system established under
Article 3, 7, 8, 14, or 15, upon payment to the Fund of (1) the amount by which
the employee contributions that would have been required if he or she had
participated in this Fund during the period for which credit is being
transferred, plus interest, plus an equal amount for employer
contributions, exceeds the amounts actually transferred from that other fund or
system to this Fund, plus (2) interest thereon at 6% per year, compounded
annually, from the date of transfer to the date of payment.
A chief of the County Police Department or undersheriff of the County
Sheriff's Department may purchase credits and creditable service for up to 2
years of public employment rendered to an out-of-state public agency. Payment
for that service shall be at the applicable rates in effect for employee and
employer contributions during the period for which credit is being purchased,
plus interest at the rate of 6% per year, compounded annually, from the date of
service until the date of payment.
(Source: P.A. 89-643, eff. 8-9-96.)
|
(40 ILCS 5/9-128.2) Sec. 9-128.2. Stipends. Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official applies in writing to the fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the actuarially assumed rate.
(Source: P.A. 96-961, eff. 7-2-10.) |
(40 ILCS 5/9-129) (from Ch. 108 1/2, par. 9-129)
Sec. 9-129.
Annuities-Re-entry into service.
Annuity in excess of that fixed in Sections 9-126, 9-127 or 9-128
shall not be granted to any employee described therein, unless he
re-entered service before age 65. If such re-entry occurs, his annuity
shall be provided in accordance with Sections 9-125 to 9-128, inclusive,
whichever are applicable.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-130) (from Ch. 108 1/2, par. 9-130)
Sec. 9-130.
Service after time of fixing annuity.
Service rendered after the time of fixing an annuity shall not be
considered for age and service annuity and for prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-131) (from Ch. 108 1/2, par. 9-131)
Sec. 9-131.
Prior service annuity credits.
(a) The sum to be credited for prior service annuity in the case of
any present employee described in subdivision (a) of Section 9-109
shall be the entire sum credited for such purposes.
(b) The sum to be credited for prior service annuity in the case of
any present employee described in subdivision (b) of Section 9-109
shall be the sum credited for such purpose less the excess which would
have accumulated under this Article from contributions by the employee
after he attained age 65 if such contributions had been made from the
effective date to the date of withdrawal with interest at the effective
rate to the date of his withdrawal, over the amounts actually
contributed for such purpose with like interest computed to such date of
withdrawal; provided that the sum so computed shall be less than the sum
credited for prior service annuity under the foregoing provisions of
this Article. If the sum so computed shall be equal to or greater than
the sum credited for prior service annuity as aforesaid, such employee
shall not be entitled to prior service annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-132) (from Ch. 108 1/2, par. 9-132)
Sec. 9-132.
Minimum annuity.
A present employee who was a contributor to a county pension fund in
operation on the effective date who withdraws on or after such date having
20 or more years of service and for whom the amount of annuity provided by
this Article is less than the amount stated in this section has a right to
receive annuity as follows:
(a) $600 a year after the date of withdrawal if he is | ||
| ||
(b) $600 a year after the date he becomes age 55 if | ||
| ||
In addition to the combined age and service and prior service annuities
to which a present employee is entitled, an employee with 24 or more years
of service who has attained age 65 or more at the time he withdraws is
entitled to receive a sum equal to the difference between the combined age
and service annuity and prior service annuity, and 1/3 of his salary at the
date of his withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-133) (from Ch. 108 1/2, par. 9-133)
Sec. 9-133. Automatic increase in annuity.
(a) An employee who retired or retires from service after December 31, 1959,
having attained age 60 or more or, beginning January 1, 1991, having attained
30 or more years of creditable service, shall, in the month of January of the
year following the year in which the first anniversary of retirement occurs,
have his then fixed and payable monthly annuity increased by 1 1/2%, and such
first fixed annuity as granted at retirement increased by a further 1 1/2% in
January of each year thereafter. Beginning with January of the year 1972, such
increases shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.
Beginning with January of the year 1982, such increases shall be at the rate
of 3% in lieu of the aforesaid specified 2%. Beginning January 1, 1998,
these increases shall be at the rate of 3% of the current amount of the
annuity, including any previous increases received under this Article,
without regard to whether the annuitant is in service on or after the
effective date of this amendatory Act of 1997.
An employee who retires on
annuity before age 60 and, beginning January 1, 1991, with less than 30 years
of creditable service shall receive such increases beginning with January of
the year immediately following the year in which he attains the age of 60
years. An employee who retires on annuity before age 60 and before January 1,
1991, with at least 30 years of creditable service, shall be entitled to
receive the first increase under this subsection no later than January 1, 1993.
For an employee who, in accordance with the provisions of Section
9-108.1 of this Act, shall have become a member of the State System
established under Article 14 on February 1, 1974, the first such
automatic increase shall begin in January of 1975.
(b) Subsection (a) is not applicable to an employee retiring and receiving a
term annuity, as defined in this Act, nor to any otherwise qualified employee
who retires before he makes employee contributions (at the 1/2 of 1% rate as
provided in this Section) for this additional annuity for not less than the
equivalent of one full year. Such employee, however, shall make arrangement to
pay to the fund a balance of such contributions, based on his final salary, as
will bring such 1/2 of 1% contributions, computed without interest, to the
equivalent of one year's contributions.
Beginning with the month of January, 1960, each employee shall
contribute by means of salary deductions 1/2 of 1% of each salary
payment, concurrently with and in addition to the employee contributions
otherwise provided for annuity purposes.
Each such additional contribution shall be used, together with county
contributions, to defray the cost of the specified annuity increments.
Such additional employee contributions are not refundable, except to
an employee who withdraws and applies for refund under this Article, or
applies for annuity, and also in cases where a term annuity becomes
payable. In such cases his contributions shall be refunded, without
interest.
(Source: P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-133.1) (from Ch. 108 1/2, par. 9-133.1)
Sec. 9-133.1. Automatic increases in annuity for certain heretofore retired
participants. A retired employee retired at age 55 or over and who (a) is
receiving annuity based on a service credit of 20 or more years, and (b) does
not qualify for the automatic increases in annuity provided for in Sec. 9-133
of this Article, and (c) elects to make a contribution to the Fund at a
time and manner prescribed by the Retirement Board, of a sum equal to 1% of
the final average monthly salary forming the basis of the calculation of
their annuity multiplied by years of credited service, or 1% of their final
monthly salary multiplied by years of credited service in any case where
the final average salary is not used in the calculation, shall have his
original fixed and payable monthly amount of annuity increased in January
of the year following the year in which he attains the age of 65 years, if
such age of 65 years is attained in the year 1969 or later, by an amount
equal to 1 1/2%, and by an equal additional 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases shall
be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. Beginning
with January of the year 1982, such increases shall be at the rate of 3%
in lieu of the aforesaid specified 2%. Beginning January 1, 1998,
these increases shall be at the rate of 3% of the current amount of the
annuity, including any previous increases received under this Article,
without regard to whether the annuitant is in service on or after the
effective date of this amendatory Act of 1997.
In those cases in which the retired employee receiving annuity has
attained the age of 66 or more years in the year 1969, he shall have such
annuity increased in January of the year 1970 by an amount equal to 1 1/2%
multiplied by the number equal to the number of months of January elapsing
from and including January of the year immediately following the year he
attained the age of 65 years if retired at or prior to age 65, or from and
including January of the year immediately following the year of retirement
if retired at an age greater than 65 years, to and including January of the
year 1970, and by an equal additional 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases shall
be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. Beginning
with January of the year 1982, such increases shall be at the rate of 3%
in lieu of the aforesaid specified 2%. Beginning January 1, 1998,
these increases shall be at the rate of 3% of the current amount of the
annuity, including any previous increases received under this Article,
without regard to whether the annuitant is in service on or after the
effective date of this amendatory Act of 1997.
To defray the annual cost of such increases, the annual interest income
of the Fund, accruing from investments held by the Fund, exclusive of gains
or losses on sales or exchanges of assets during the year, over and above
4% a year, shall be used to the extent necessary and available to finance
the cost of such increases for the following year.
(Source: P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-134) (from Ch. 108 1/2, par. 9-134)
Sec. 9-134.
Minimum annuity - Additional provisions.
(a) An employee who withdraws after July 1, 1957 at age 60 or more with
20 or more years of service, for whom the amount of age and service and
prior service annuity combined is less than the amount stated in this
Section from the date of withdrawal, instead of all annuities otherwise
provided in this Article, is entitled to receive an annuity for life of an
amount equal to 1 2/3% for each year of service, of his highest average
annual salary for any 5 consecutive years within the last 10 years of
service immediately preceding the date of withdrawal; provided that in the
case of any employee who withdraws on or after July 1, 1971, such employee
age 60 or over with 20 or more years of service, or who withdraws on or
after January 1, 1982 and on or after attainment of age 65 with 10 or more
years of service, shall instead receive an annuity for life equal to 1.67%
for each of the first 10 years of service; 1.90% for each of the next 10
years of service; 2.10% for each year of service in excess of 20 but not
exceeding 30; and 2.30% for each year of service in excess of 30, based on
the highest average annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding the date of withdrawal.
An employee who withdraws after July 1, 1957, but prior to January 1,
1988, with 20 or more years of service, before age 60 is entitled to
annuity, to begin not earlier than age 55, if under such age at withdrawal,
as computed in the last preceding paragraph, reduced 1/2 of 1% for each
full month or fractional part thereof that his attained age when annuity is
to begin is less than 60 to the end that the total reduction at age 55
shall be 30%, except that an employee retiring at age 55 or over but less
than age 60, having at least 35 years of service, shall not be subject to
the reduction in his retirement annuity because of retirement below age 60.
An employee who withdraws on or after January 1, 1988, with 20 or more
years of service and before age 60, is entitled to annuity as computed
above, to begin not earlier than age 50 if under such age at withdrawal,
reduced 1/2 of 1% for each full month or fractional part thereof that his
attained age when annuity is to begin is less than 60, to the end that the
total reduction at age 50 shall be 60%, except that an employee retiring at
age 50 or over but less than age 60, having at least 30 years of service,
shall not be subject to the reduction in retirement annuity because of
retirement below age 60.
An employee who withdraws on or after January 1, 1992 but before
January 1, 1993, at age 60 or over with 5 or more years of service, may
elect, in lieu of any other employee annuity provided in this Section, to
receive an annuity for life equal to 2.20% for each of the first 20 years
of service, and 2.40% for each year of service in excess of 20, based on the
highest average annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of withdrawal. An
employee who withdraws on or after January 1, 1992, but before January 1,
1993, on or after attainment of age 55 but before attainment of age 60 with
5 or more years of service, is entitled to elect such annuity, but the
annuity shall be reduced 0.25% for each full month or fractional part
thereof that his attained age when the annuity is to begin is less than age
60, to the end that the total reduction at age 55 shall be 15%, except that
an employee retiring at age 55 or over but less than age 60, having at
least 30 years of service, shall not be subject to the reduction in
retirement annuity because of retirement below age 60. This annuity benefit
formula shall only apply to those employees who are age 55 or over prior to
January 1, 1993, and who elect to withdraw at age 55 or over on or after
January 1, 1992 but before January 1, 1993.
An employee who withdraws on or after July 1, 1996 but before
August 1, 1996, at age 55 or over with 8 or more years of service, may
elect, in lieu of any other employee annuity provided in this Section, to
receive an annuity for life equal to 2.20% for each of the first 20 years
of service, and 2.40% for each year of service in excess of 20, based on the
highest average annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of withdrawal, but the
annuity shall be reduced by 0.25% for each full month or fractional part
thereof that the annuitant's attained age when the annuity is to begin is
less than age 60, unless the annuitant has at least 30 years of service.
The maximum annuity under this paragraph (a) shall not exceed 70% of
highest average annual salary for any 5 consecutive years within the last
10 years of service in the case of an employee who withdraws prior to July
1, 1971, and 75% of the highest average annual salary for any 4 consecutive
years within the last 10 years of service immediately preceding the date of
withdrawal if withdrawal takes place on or after July 1, 1971 and prior
to January 1, 1988, and 80% of the highest average annual salary for any 4
consecutive years within the last 10 years of service immediately preceding
the date of withdrawal if withdrawal takes place on or after January 1,
1988. Fifteen hundred dollars shall be considered the minimum amount of
annual salary for any year, and the maximum shall be his salary as defined
in this Article, except that for the years before 1957 and subsequent to
1952 the maximum annual salary to be considered shall be $6,000, and for
any year before the year 1953, $4,800.
(b) Any employee who withdraws on or after July 1, 1985 but prior to
January 1, 1988, at age 60 or over with 10 or more years of service, may
elect in lieu of the benefit in paragraph (a) to receive an annuity for
life equal to 2.00% for each year of service, based on the highest average
annual salary for any 4 consecutive years within the last 10 years of
service immediately preceding the date of withdrawal. An employee who
withdraws on or after July 1, 1985, but prior to January 1, 1988, with 10
or more years of service, but before age 60, is entitled to elect such
annuity, to begin not earlier than age 55, but the annuity shall be reduced
0.5% for each full month or fractional part thereof that his attained age
when the annuity is to begin is less than 60, to the end that the total
reduction at age 55 shall be 30%; except that an employee retiring at age
55 or over but less than age 60, having at least 30 years of service, shall
not be subject to the reduction in retirement annuity because of retirement
below age 60.
An employee who withdraws on or after January 1, 1988, at age 60 or
over with 10 or more years of service, may elect, in lieu of the benefit in
paragraph (a), to receive an annuity for life equal to 2.20% for each of the
first 20 years of service, and 2.4% for each year of service in excess of 20,
based on the highest average annual salary for any 4 consecutive years within
the last 10 years of service immediately preceding the date of withdrawal.
An employee who withdraws on or after January 1, 1988, with 10 or more
years of service, but before age 60, is entitled to elect such annuity, to
begin not earlier than age 50, but the annuity shall be reduced 0.5% for
each full month or fractional part thereof that his attained age when the
annuity is to begin is less than 60, to the end that the total reduction at
age 50 shall be 60%, except that an employee retiring at age 50 or over
but less than age 60, having at least 30 years of service, shall not be
subject to the reduction in retirement annuity because of retirement below
age 60.
An employee who withdraws on or after June 30, 2002 with 10 or more
years of service may elect, in lieu of any other retirement annuity provided
under this Article, to receive an annuity for life, beginning no earlier than
upon attainment of age 50, equal to 2.40% of his or her highest average annual
salary for any 4 consecutive years within the last 10 years of service
immediately preceding withdrawal, for each year of service. If the employee
has less than 30 years of service, the annuity shall be reduced by 0.5% for
each full month or remaining fraction thereof that the employee's attained age
when the annuity is to begin is less than 60.
The maximum annuity under this paragraph (b) shall not exceed 75% of the
highest average annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of withdrawal if
withdrawal occurs prior to January 1, 1988, or 80% of the highest average
annual salary for any 4 consecutive years within the last 10 years of
service immediately preceding the date of withdrawal if withdrawal takes
place on or after January 1, 1988.
The provisions of this paragraph (b) do not apply to any former County
employee receiving an annuity from the fund, who re-enters service as a
County employee, unless he renders at least 3 years of additional service
after the date of re-entry.
(c) For an employee receiving disability benefit, the salary for annuity
purposes under paragraph (a) or (b) of this Section shall, for all periods of
disability benefit subsequent to the year 1956, be the amount on which his
disability benefit was based.
(d) A county employee with 20 or more years of service, whose entire
disability benefit credit period expires before attainment of age 50
(age 55 if expiration occurs before January 1, 1988), while
still disabled for service is entitled upon withdrawal to the larger of:
(1) The minimum annuity provided above, assuming that | ||
| ||
(2) the annuity provided from his age and service and | ||
| ||
(e) The minimum annuity provisions above do not apply to any former
county employee receiving an annuity from the fund, who re-enters service
as a county employee, unless he renders at least 3 years of additional
service after the date of re-entry.
(f) Any employee in service on July 1, 1947, or who enters service
thereafter before attaining age 65 and withdraws after age 65 with less
than 10 years of service for whom the annuity has been fixed under the
foregoing Sections of this Article, shall, instead of the annuity so fixed,
receive an annuity as follows:
Such amount as he could have received had the accumulated amounts for
annuity been improved with interest at the effective rate to the date of
withdrawal, or to attainment of age 70, whichever is earlier, and had the
county contributed to such earlier date for age and service annuity the
amount that it would have contributed had he been under age 65, after the
date his annuity was fixed in accordance with this Article, and assuming
his annuity were computed from such accumulations as of his age on such
earlier date. However those employees who before July 1, 1953, made
additional contributions in accordance with this Article, the annuity so
computed under this paragraph shall not exceed the annuity which would be
payable under the other provisions of this Section if the employee
concerned was credited with 20 years of service and would qualify for
annuity thereunder.
(g) Instead of the annuity provided in this or any other Section of this
Article, an employee having attained age 65 with at least 15 years of
service may elect to receive a minimum annual annuity for life equal to 1%
of the highest average annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding retirement for each year of
service, plus the sum of $25 for each year of service provided that no such
minimum annual annuity may be greater than 60% of such highest average
annual salary.
(h) The annuity is payable in equal monthly installments.
(i) If, by operation of law, a function of a governmental unit, as
defined by Section 20-107 of this Code, is transferred in whole or in part
to the county in which this Article 9 is created as set forth in Section
9-101, and employees of the governmental unit are transferred as a class to
such county, the earnings credits in the retirement system covering the
governmental unit which have been validated under Section 20-109 of this
Code shall be considered in determining the highest average annual salary
for purposes of this Section 9-134.
(j) The annuity being paid to an employee annuitant on July 1, 1988,
shall be increased on that date by 1% for each full year that has elapsed
from the date the annuity began.
(k) Notwithstanding anything to the contrary in this Article 9, Section
20-131 shall not apply to an employee who withdraws on or after January 1,
1988, but prior to attaining age 55. Therefore, no employee shall be
entitled to elect to have the alternative formula previously set forth in
Section 20-122 prior to the amendatory Act of 1975 apply to any annuity,
the payment of which commenced after January 1, 1988, but prior to such
employee's attainment of age 55.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-134.1) (from Ch. 108 1/2, par. 9-134.1)
Sec. 9-134.1.
Preservation of minimum annuity rights for certain house of
correction employees and their widows.
In the case of employees who were contributors to and participants as of
December 31, 1968, in a House of Correction Employees' Pension Fund, who,
by virtue of group transfer on January 1, 1969 became participants in
Municipal Employees' Annuity and Benefit Fund under Article 8 of this Code,
and who, because of further group or class transfer become participants in
the Fund created under Article 9 of this Code, Section 8-136.2 of this Code
preserving certain minimum annuity rights for certain house of correction
employees and their widows is made applicable to such employees so
transferred to this Fund, and such Section is made part of this Article 9
so that such transferred employees are guaranteed such rights under the
Fund created by this Article 9 of the Illinois Pension Code as outlined in
Section 8-136.2 of this Code.
(Source: P.A. 76-1574.)
|
(40 ILCS 5/9-134.2) (from Ch. 108 1/2, par. 9-134.2)
Sec. 9-134.2.
Early retirement incentives.
(a) To be eligible for the benefits provided in this Section, a person must:
(1) be a current contributing member of this Fund | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board before May 1, 1993, a written | ||
| ||
(4) elect to retire under this Section on or after | ||
| ||
(5) have attained age 55 on or before the date of | ||
| ||
(6) have at least 10 years of creditable service | ||
| ||
(b) An employee who qualifies for the benefits provided under this
Section shall be entitled to the following:
(1) The employee's retirement annuity, as calculated | ||
| ||
(2) If the employee's retirement annuity is | ||
| ||
(c) In the case of an employee whose immediate retirement could
jeopardize public safety or create hardship for the employer, the deadline
for retirement provided in subdivision (a)(4) of this Section may be
extended to a specified date, no later than November 30, 1993, by the
employee's department head, with the approval of the President of the
County Board. In the case of an employee who is not employed by a
department of the County, the employee's "department head", for the
purposes of this Section, shall be a person designated by the President of
the County Board.
(d) Notwithstanding Section 9-161, an annuitant who reenters service
under this Article after receiving a retirement annuity based on benefits
provided under this Section thereby forfeits the right to continue to
receive those benefits, and shall have his or her retirement annuity
recalculated without the benefits provided in this Section.
(Source: P.A. 87-1130.)
|
(40 ILCS 5/9-134.3)
Sec. 9-134.3.
Early retirement incentives.
(a) To be eligible for the benefits provided in this Section, a person must:
(1) be a current contributing member of the Fund | ||
| ||
(2) have not previously retired from the Fund, except | ||
| ||
(3) file with the Board before October 1, 1997 (or | ||
| ||
(4) elect to retire under this Section on or after | ||
| ||
(5) have attained age 55 on or before the date of | ||
| ||
(6) have at least 10 years of creditable service in | ||
| ||
(b) An employee who qualifies for the benefits provided under this Section
shall be entitled to the following:
(1) The employee's retirement annuity, as calculated | ||
| ||
(2) If the employee's retirement annuity is | ||
| ||
(c) A person who elects to retire under the provisions of this Section
thereby relinquishes his or her right, if any, to have the retirement
annuity calculated under the alternative formula formerly set forth in Section
20-122 of the Retirement Systems Reciprocal Act.
(d) In the case of an employee whose immediate retirement could jeopardize
public safety or create hardship for the employer, the deadline for retirement
provided in subdivision (a)(4) of this Section may be extended to a specified
date, no later than August 31, 1998, by the employee's department head, with
the approval of the President of the County Board. In the case of an employee
who is not employed by a department of the County, the employee's "department
head", for the purposes of this Section, shall be a person designated by the
President of the County Board.
(e) Notwithstanding Section 9-161, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits and shall have his or her retirement annuity recalculated without the
benefits provided in this Section.
(f) This Section also applies to the Fund established under
Article 10 of this Code.
(g) A person who (1) was a participating employee on November 30, 1996,
(2) was laid off on or after December 1, 1996 and before May 1, 1997 due to
the elimination of the employee's job or position, (3) meets the requirements
of items (3) through (6) of subsection (a), and (4) has not been reinstated
as a Cook County employee since being laid off is eligible for the benefits
provided under this Section. For such a person, the application required under
subdivision (a)(3) of this Section must be filed within 60 days after the
effective date of this amendatory Act of the 92nd General Assembly, and the
date of retirement must be within 60 days after the effective date of this
amendatory Act.
In the case of a person eligible under this subsection (g) who began to
receive a retirement annuity before the effective date of this amendatory Act,
the annuity shall be recalculated to include the increase under this Section,
and that increase shall take effect on the first annuity payment date following
the date of application.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-134.4)
Sec. 9-134.4.
Early retirement incentives.
(a) To be eligible for the benefits provided in this Section, a person must:
(1) be a current contributing member of the Fund | ||
| ||
(2) have not previously retired from the Fund;
(3) file with the Board before March 1, 2003 a | ||
| ||
(4) elect to retire under this Section on or after | ||
| ||
(5) have attained age 50 on or before the date of | ||
| ||
(6) have at least 20 years of creditable service in | ||
| ||
(b) An employee who qualifies for the benefits provided under this Section
shall be entitled to the following:
(1) The employee's retirement annuity, as calculated | ||
| ||
(2) If the employee's retirement annuity is | ||
| ||
(c) A person who elects to retire under the provisions of this Section
thereby relinquishes his or her right, if any, to have the retirement
annuity calculated under the alternative formula formerly set forth in Section
20-122 of the Retirement Systems Reciprocal Act.
(d) In the case of an employee whose immediate retirement could jeopardize
public safety or create hardship for the employer, the deadline for retirement
provided in subdivision (a)(4) of this Section may be extended to a specified
date, no later than September 30, 2003, by the employee's department head, with
the approval of the President of the County Board. In the case of an employee
who is not employed by a department of the County, the employee's "department
head", for the purposes of this Section, shall be a person designated by the
President of the County Board.
(e) Notwithstanding Section 9-161, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits and shall have his or her retirement annuity recalculated without the
benefits provided in this Section.
(f) This Section also applies to the Fund established under Article 10 of
this Code.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-134.5) Sec. 9-134.5. Alternative retirement cancellation payment. (a) To be eligible for the alternative retirement cancellation payment provided in this Section, a person must: (1) be a member of this Fund who, on December 31, | ||
| ||
(2) have not previously received any retirement | ||
| ||
(3) file with the Board on or before 45 days after | ||
| ||
(4) terminate employment under this Article no later | ||
| ||
(5) if there is a QILDRO in effect against the | ||
| ||
(b) In lieu of any retirement annuity or other benefit provided under this Article, a person who qualifies for and elects to receive the alternative retirement cancellation payment under this Section shall be entitled to receive a one-time lump sum retirement cancellation payment equal to the amount of his or her contributions to the Fund (including any employee contributions for optional service credit and including any employee contributions paid by the employer or credited to the employee during disability) on the date of termination, with regular interest, multiplied by 1.5. (c) Notwithstanding any other provision of this Article, a person who receives an alternative retirement cancellation payment under this Section thereby forfeits the right to any other retirement or disability benefit or refund under this Article, and no widow's, survivor's, or death benefit deriving from that person shall be payable under this Article. Upon accepting an alternative retirement cancellation payment under this Section, the person's creditable service and all other rights in the Fund are terminated for all purposes. (d) To the extent permitted by federal law, a person who receives an alternative retirement cancellation payment under this Section may direct the Fund to pay all or a portion of that payment as a rollover into another retirement plan or account qualified under the Internal Revenue Code of 1986, as amended. (e) Notwithstanding any other provision of this Article, a person who has received an alternative retirement cancellation payment under this Section and who reenters service under this Article must first repay to the Fund the amount by which that alternative retirement cancellation payment exceeded the amount of his or her refundable employee contributions with interest at 6% per annum. For the purposes of re-establishing creditable service that was terminated upon election of the alternative retirement cancellation payment, the portion of the alternative retirement cancellation payment representing refundable employee contributions shall be deemed a refund repayable in accordance with Section 9-163. (f) No individual who receives an alternative retirement cancellation payment under this Section may return to active payroll status within 365 days after separation from service to the employer.
(Source: P.A. 95-369, eff. 8-23-07; 95-876, eff. 8-21-08.) |
(40 ILCS 5/9-135) (from Ch. 108 1/2, par. 9-135)
Sec. 9-135.
Reversionary annuity.
(a) An employee, prior to retirement on annuity, may elect to take a
lesser amount of annuity and provide, with the actuarial value of the
amount by which his annuity is reduced, a reversionary annuity for a wife,
husband, parent, child, brother or sister. The option shall be exercised by
filing a written designation with the board prior to retirement, and may be
revoked by the employee at any time before retirement. The death of the
employee prior to his retirement shall automatically void the option.
(b) The death of the designated reversionary annuitant prior to the
employee's retirement shall automatically void the option. If the
reversionary annuitant dies after the employee's retirement and before
the death of the employee annuitant, the
reduced annuity being paid to the retired employee annuitant shall be
increased to the amount of annuity before reduction for the reversionary
annuity and no reversionary annuity shall be payable.
The option is subject to the further condition that no reversionary
annuity shall be paid if the employee dies before the expiration of 730
days from the date his written designation was filed with the board, even
though he has retired and is receiving a reduced annuity.
(c) The employee exercising this option shall not reduce his retirement
annuity by more than $100 a month or by 25%, whichever is the lesser, or
elect to provide a reversionary annuity of less than $50 per month. After
July 1, 1981 the $100 limitation shall not apply. No
option shall be permitted if the reversionary annuity for a widow, when
added to the widow's annuity payable under this Article, exceeds 80% of the
reduced annuity payable to the employee.
(d) A reversionary annuity shall begin on the day following the death of
the employee annuitant, with the first payment to be made on the
first day of the calendar month following the death of the employee
annuitant and the last payment to be made on the first day of the calendar
month in which the reversionary annuitant dies.
(e) The increases in annuity provided in Section 9-133 of this Article
shall, as to an employee so electing a reduced annuity, relate to the
amount of the original annuity, and such amount shall constitute the
annuity on which such automatic increases shall be based.
(f) The amount of the monthly reversionary annuity shall be determined
by multiplying the amount of the monthly reduction in the employee's
annuity by the factor in the following table based on the age of the
employee and the difference in the age of the employee and the age of the
reversionary annuitant at the starting date of the employee's annuity:
Reversionary Annuitant's Age
in Years Younger than Employee
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
In Years Older than Employee
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 86-1488.)
|
(40 ILCS 5/9-135.1) (from Ch. 108 1/2, par. 9-135.1)
Sec. 9-135.1.
Death benefit.
Upon the death of an employee in service
or while receiving a retirement annuity, a death benefit of $1,000 shall be
payable to such beneficiary as the member may have nominated by written
direction duly acknowledged and filed with the Board, or if there is no
such nomination, to the estate of the employee.
(Source: P.A. 87-794.)
|
(40 ILCS 5/9-136) (from Ch. 108 1/2, par. 9-136)
Sec. 9-136.
Widow's prior service annuity.
A "Widow's Prior Service Annuity" shall be credited for the widow of a
male present employee for service prior to the effective date in accordance
with "The 1925 Act" and this Article, payable from and after the death of
the employee.
The amount so credited shall be improved by interest at the effective
rate during the time the employee is in the service or until the employee
attains age 65 or withdraws from the service, whichever event first occurs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-137) (from Ch. 108 1/2, par. 9-137)
Sec. 9-137.
Widow's annuity.
A "Widow's Annuity" shall be credited for a widow of any male employee
covering service after the effective date, payable from and after his
death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-138) (from Ch. 108 1/2, par. 9-138)
Sec. 9-138.
Widow's annuity-Present employee age 65 on effective date.
The widow of a present employee who is age 65 or more on the effective
date is entitled after his death to an annuity fixed as of the date he
becomes age 65.
The annuity shall be that provided on a reversionary annuity basis from
the credit for widow's prior service annuity on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-139) (from Ch. 108 1/2, par. 9-139)
Sec. 9-139.
Widow's annuity-Present employees and future entrants attaining age 65 in
service.
The widow of a present employee who attains age 65 while in service
after the effective date, or of a future entrant who attains age 65 while
in service, is entitled, after the date of his death, to an annuity fixed
for the wife of such present employee or future entrant on the date he
attains age 65.
The widow is entitled to annuity as follows:
If the employee's withdrawal occurs after age 65 and he enters upon
annuity or if the employee's death occurs in the service after he has
attained age 65 the annuity shall be that provided on a reversionary
annuity basis from the total sum accumulated to his credit for widow's
annuity and (if he was a present employee) widow's prior service annuity as
of the date he became age 65.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-140) (from Ch. 108 1/2, par. 9-140)
Sec. 9-140.
Widow's annuity-Present employees and future entrants-Death in service
before 65.
The widow of an employee whose death occurs in service before age 65
shall be entitled to an annuity of the amount provided on a single life
annuity basis from the total sum accumulated to his credit as of the date
of death in service for age and service annuity and widow's annuity, plus
the credit for prior service annuity and widow's prior service annuity, if
he was a present employee; but no part thereof representing contributions
by the county shall be used to provide an annuity in excess of that which
she would have had if the employee had lived and remained in service at the
rate of his final salary until he became age 65, and the widow's annuity
were fixed on a reversionary annuity basis as provided in this Article. The
annuity shall be computed as of the date of the employee's death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-141) (from Ch. 108 1/2, par. 9-141)
Sec. 9-141.
Widow's annuity-Present employees and future entrants-Withdrawal after
age 60 but before 65.
The widow of an employee who attains age 60 or more but less than age 65
while in service and who withdraws from service shall be entitled after his
death, to an annuity fixed on the date of withdrawal.
The annuity shall be the amount provided on a reversionary annuity basis
from the total sum accumulated to his credit for widow's annuity and (if he
was a present employee) widow's prior service annuity as of the date of
withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-142) (from Ch. 108 1/2, par. 9-142)
Sec. 9-142.
Widow's annuity - Present employees and future
entrants - Withdrawal after age 50 but before 60.
The widow of an employee who (1) attains age 50 or more (age
55 if withdrawal occurs before January 1, 1988) but less than
age 60 in service, and (2) has served 10 or more years, and (3) withdraws
from service, shall be entitled after the employee's death to an annuity
fixed as of the date of withdrawal.
The widow is entitled to receive the amount provided on a
reversionary annuity basis from the total sum accumulated to the
employee's credit on the date when the annuity was fixed as follows:
(1) If service is 20 or more years, the total credits for widow's
annuity and in addition, if he was a present employee, the total credits
for widow's prior service annuity; or
(2) If service is 10 or more, but less than 20 years, the total
credits for widow's annuity from employee contributions and 1/10 of the
total credits for widow's annuity from county contributions for each
year of service after the first 10 years, including for the widow of a
present employee 1/10 of the total credits for widow's prior service
annuity from county contributions for each year of service after the
first 10 years.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-143) (from Ch. 108 1/2, par. 9-143)
Sec. 9-143.
Widow's annuity - Present employees and future
entrants - Withdrawal before age 50.
The widow of an employee who withdraws after 10 or more years of
service before age 50 (age 55 if withdrawal occurs before January 1,
1988), and later attains such age while not in service,
shall be entitled after his death to an annuity fixed on the date the
employee attained such age.
The widow shall be entitled to the amount provided on a reversionary
annuity basis from the following sums accumulated to his credit on the
date when the annuity is fixed as follows:
(1) If service is 20 or more years, the total credits for widow's
annuity and, in addition, if he was a present employee, the total
credits for widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for widow's annuity from employee contributions and 1/10 of the
total credits for widow's annuity from county contributions for each
year of service after the first 10 years, including, for the widow of a
present employee, 1/10 of the total credits for widow's prior service
annuity from county contributions for each year of service after the
first 10 years.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-144) (from Ch. 108 1/2, par. 9-144)
Sec. 9-144.
Widow's annuities - Present employees and future
entrants - Withdrawal and death before age 50.
The widow of an employee with 10 or more years of service who
withdraws before age 50 (age 55 if withdrawal occurs before January
1, 1988) and who dies while out of service before attaining such age,
shall be entitled to an annuity computed on a single life annuity basis
at the date of death from the following sum accumulated to his credit:
(1) If service is 20 or more years, the total credits for age and
service annuity and widow's annuity, and, in addition, if he was a
present employee, the total credits for prior service annuity and
widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for age and service annuity and widow's annuity from
employee contributions, and,
in addition, if he was a present employee, the total
credits for prior service annuity and 1/10 of the total credits for age
and service annuity and widow's annuity from county contributions for
each year of service after the first 10 years, including, for the widow
of a present employee, 1/10 of the total credits for prior service and
widow's prior service annuity from county contributions for each year of
service after the first 10 years.
No county contributions shall be used for a widow's annuity in excess
of that which she would receive if the employee had lived until he
attained age 50 (age 55 if withdrawal occurs before January 1,
1988) and had not re-entered service, and an annuity were fixed
for her on a reversionary annuity basis as of her age when her husband would
have attained age 50 (age 55 if withdrawal occurs before January 1, 1988).
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-145) (from Ch. 108 1/2, par. 9-145)
Sec. 9-145.
Widow's annuities-Re-entry of employee into service.
No annuity in excess of that fixed in accordance with Sections 9-141,
9-142 and 9-143 shall be granted to a widow described in those sections
unless the employee re-enters service before age 65, in which case the
annuity for his wife shall be fixed as of the date he attains age 65 while
in service, or when he again withdraws, whichever first occurs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-146) (from Ch. 108 1/2, par. 9-146)
Sec. 9-146.
Employee's widow's annuities - No contributions or service
credits after fixation.
No contributions by the employee or the county for an
annuity for the
widow of an employee shall be made after the date when her annuity has
been fixed. No service of an employee rendered after such date shall be
considered for widow's annuity, except as herein otherwise provided.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1)
Sec. 9-146.1.
Minimum annuities for widows.
The widow of an employee who
retires from service or dies while in the service subsequent to June 11,
1965, who is otherwise eligible for widow's annuity under this Article and
for whom the amount of widow's annuity and widow's prior service annuity
combined, fixed or provided for such widow under other provisions of this
Article 9 is less than the amount hereinafter provided in this Section,
shall, from and after the date her otherwise provided annuity would begin,
in lieu of such otherwise provided widow's and widow's prior service
annuity, be entitled to the following indicated amount of annuity:
(a) The widow of any employee who dies while in the service on or after
the date on which he attains the age of 60 or more years with at least 20
years of service, or 10 or more years of service if death occurs on or after
attainment of age 65 and on or after January 1, 1982, shall be entitled
to an annuity equal to one-half of the amount of annuity which her deceased
husband would have been entitled to receive had he withdrawn from the
service on the day immediately preceding the date of his death, conditional
upon such widow having attained the age of 60 or more years on such date.
Such amount of widow's annuity shall not, however, exceed the sum of $500 a
month if death in service occurs before July 1, 1985.
If such widow of such described employee shall not be 60 or more years of
age on such date of death, the amount provided in the immediately
preceding paragraph for a widow 60 or more years of age, shall, in the case
of such younger widow, be reduced by 1/2 of 1 per cent for each month that
her then attained age is less than 60 years; except that such younger
widow of an employee who dies while in service on or after July 1, 1985
with at least 30 years of service, shall not be subject to the reduction in
widow's annuity because of her age less than 60 on the date of the employee's
death.
(b) The widow, of any employee who dies subsequent to the date of his
retirement on annuity, and who so retired on or after the date on which he
attained the age of 60 or more years with at least 20 years of service,
or 10 or more years of service if retirement occurs on or after attainment
of age 65 and on or after January 1, 1982, shall be entitled to an annuity
equal to one-half of the amount of annuity which her deceased husband
received as of the date of his retirement on annuity, conditional upon such
widow having attained the age of 60 or more years on the date of her
husband's retirement on annuity. Such amount of widow's annuity shall not,
however, exceed the sum of $500 a month if the death occurs before the
effective date of this amendatory Act of 1991.
If such widow of such described employee shall not have attained such
age of 60 or more years on such date of her husband's retirement on
annuity, the amount provided in the immediately preceding paragraph for a
widow 60 or more years of age on the date of her husband's
retirement on annuity, shall, in the case of such then younger widow, be
reduced by 1/2 of 1 per cent for each month that her then attained age was
less than 60 years; except that such younger widow of an
employee retiring on or after July 1, 1985 with at least 30 years of
service, shall not be subject to the reduction in widow's annuity because
of her age less than 60 on the date of the employee's retirement.
(c) The foregoing provisions relating to minimum annuities for widows
shall not apply to the widow of any former county employee receiving an
annuity from the Fund on June 11, 1965, who re-enters service as a county
employee, unless such employee renders at least 3 years of additional
service after the date of re-entry.
(d) An annuity being paid to a surviving spouse on January 1, 1984 shall
be increased by 10% and shall thereafter be paid at the increased rate until
the termination of the annuity by death or other cause. The annuity for
a qualifying widow shall not exceed $500 per month.
(e) The widow of any employee who dies while in service on or after July
1, 1985 but prior to January 1, 1988, and the widow of an employee who
retires on or after July 1, 1985 but prior to January 1, 1988 with at
least 10 years of service, and the widow of an employee who retires on or
after January 1, 1984 but prior to July 1, 1985 with at least 30 years of
service, shall be entitled to an annuity equal to
one-half of the amount of annuity which her deceased husband would have
received had he retired immediately prior to his death or one-half the
amount of the originally granted retirement annuity, whichever is
applicable. Such widow's annuity will be reduced 0.5% for each month that
the widow's attained age is less than age 60 on the date of the employee's
death in service or retirement if the employee's death in service or
retirement is before January 1, 1988; except that such younger widow of an
employee with at least 30 years of service shall not be subject to the
reduction in widow's annuity because of her age less than 60 on the date of
the employee's death in service or retirement.
The widow of an employee who dies in service on or after January 1,
1988, or retires on or after January 1, 1988 with at least 10 years of
service, shall be entitled to an annuity equal to 1/2 of the amount of
annuity which her deceased husband would have received had he retired
immediately prior to his death or 1/2 of the amount of the annuity which
her deceased husband received as of the date of his death, whichever is
applicable. Such widow's annuity shall be reduced 0.5% for each month that
the widow's attained age is less than age 60 on the date of the employee's
death if employee's death in service or retirement is after January 1,
1988; except that such younger widow of an employee with at least 30
years of service shall not be subject to the reduction in widow's annuity
because of her age on the date of the employee's death.
In lieu of any other annuity provided by this Article,
the widow of an employee who dies in service on or after January 1,
1992, or retires on or after January 1, 1992 with at least 10 years of
service, shall be entitled to an annuity equal to 1/2 of the amount of
annuity which her deceased husband would have received had he retired
immediately prior to his death or 1/2 of the amount of the annuity which
her deceased husband received as of the date of his death, whichever is
applicable. Such widow's annuity shall be reduced 0.5% for each month that
the widow's attained age is less than age 55 on the date of the employee's
death; except that such younger widow of an employee with at least 30
years of service shall not be subject to the reduction in widow's annuity
because of her age on the date of the employee's death.
In lieu of any other annuity provided by this Article, the widow of an
employee who dies in service or withdraws from service on or after January
1, 1992 but before January 1, 1993 at age 55 or over with at least 5 but
less than 10 years of service, shall be entitled to an annuity equal to
half of the amount of annuity which her deceased husband would have
received had he retired immediately prior to his death or half of the
amount of the annuity which her deceased husband received as of the date of
his death, whichever is applicable. This widow's annuity shall be reduced
0.5% for each month that the widow's attained age is less than 60 on the
date of the employee's death.
However, in the case of an employee dying in service,
the amount of widow's annuity shall not be less than 10% of the highest
average annual salary for any 4 consecutive years within the last 10 years
of service immediately preceding the date of withdrawal. The maximum amount of
annuity under this paragraph shall not be limited to a dollar maximum. The
provisions of this paragraph shall not apply to the widow of any former
County employee receiving an annuity from the fund who re-enters service as
a County employee, unless such employee renders at least 3 years of
additional service after the date of re-entry.
(f) An annuity being paid to a surviving spouse on July 1, 1988, shall
be increased on that date by 1% for each full year that has elapsed from
the date the annuity began.
(g) In lieu of any other annuity provided under this Article, if the
deceased employee was receiving a retirement annuity at the time of his
death and that death occurs on or after January 1, 1993, the widow's
annuity shall be 50% of the deceased employee's retirement annuity at the
time of death, reduced by 0.5% for each month that the widow's age on the
date of death is less than 55, except that the reduction does not apply if
the deceased employee had at least 30 years of service.
(h) In lieu of any other annuity provided under this Article, the widow
of an employee who dies in service on or after July 1, 2002 or has at
least 10 years of service and dies on or after July 1, 2002 while receiving
an annuity shall be entitled to a widow's annuity equal to 65% of the amount
of annuity which her deceased husband would have received had he retired
immediately prior to his death or 65% of the amount of the annuity which
her deceased husband received as of the date of his death, whichever is
applicable. This widow's annuity shall be reduced by 0.5% for each month
that the widow's age on the date of the employee's death is less than 55,
unless the deceased husband had at least 30 years of service.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-146.2)
Sec. 9-146.2.
Automatic annual increase in widow's annuity.
(a) Every widow's annuity, other than a term annuity, shall be increased
on January 1, 1998 or the January 1 occurring on or immediately after the first
anniversary of the deceased employee's death, whichever occurs later, by an
amount equal to 3% of the amount of the annuity.
On each January 1 after the date of the initial increase under this Section,
the widow's annuity shall be increased by an amount equal to 3% of the amount
of the widow's annuity payable at the time of the increase, including any
increases previously granted under this Article.
(b) Limitations on the maximum amount of widow's annuity imposed under
Section 9-150 do not apply to the annual increases provided under this Section.
(c) The increases provided under this Section also apply to compensation
annuities and supplemental annuities payable under Section 9-147. The
increases provided under this Section do not apply to term annuities.
(Source: P.A. 90-32, eff. 6-27-97.)
|
(40 ILCS 5/9-147) (from Ch. 108 1/2, par. 9-147)
Sec. 9-147.
Compensation annuity and supplemental annuity.
When annuity otherwise provided in this Article for the widow of an
employee whose death results from injury incurred in the performance of an
act of duty is less than 60% of his salary in effect at the time of the
injury, "Compensation Annuity" equal to the difference between such annuity
and 60% of such salary, shall be payable to her until the date when the
employee, if alive, would have attained age 65. The county shall contribute
to the fund each year the amount required for all compensation annuities
payable during any such year.
Thereafter, the widow shall be entitled to "Supplemental Annuity" equal
to the differences between the annuity otherwise provided her in this
Article and the annuity to which she would be entitled if the employee had
lived and continued in service at the salary in effect at the date of the
injury until he attained age 65, and based upon her age as it would be on
the date he would have attained 65. Supplemental Annuity shall be provided
from county contributions after the date of the employee's death, of such
equal amounts annually which when improved by interest at the effective
rate, will be sufficient, at the time payment of Compensation Annuity to
the widow ceases to provide Supplemental Annuity, as stated, for the widow
throughout her life thereafter.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-148) (from Ch. 108 1/2, par. 9-148)
Sec. 9-148.
Widows or wives not entitled to annuity.
Except as provided in Section 9-148.1, the following widows or wives of
employees have no right to annuity
from the fund:
(a) The widow or wife, married subsequent to the effective date, of
an employee who dies in service if she was not married to him before he
attained age 65;
(b) The widow or wife, married subsequent to the effective date, of
an employee who withdraws from service whether or not he enters upon
annuity, and who dies while out of service, if she was not his wife
while he was in service and before he attained age 65;
(c) The widow or wife of an employee with 10 or more years of
service whose death occurs out of and after he has withdrawn from
service, and who has received a refund of contributions for annuity
purposes;
(d) The widow or wife of an employee with less than 10 years of
service who dies out of service after he has withdrawn from service
before he attained age 60.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-148.1)
Sec. 9-148.1.
Widow's annuity for widow married to member for at least
one year. Notwithstanding Section 9-148, if a member was not married at the
time of retirement but married after retirement, that member's widow shall be
entitled to a widow's annuity if (1) the widow was married to the member for
at least the last year prior to the member's death; (2) the widow is otherwise
eligible for a widow's annuity; and (3) the widow repays to the Fund (i) an
amount equal to the amount of any refund paid to the member at the time of
retirement pursuant to Section 9-165 plus (ii) interest thereon from the date
of the refund until the time of repayment at the rate of
6% per year.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-149) (from Ch. 108 1/2, par. 9-149)
Sec. 9-149.
Widow's remarriage to terminate annuity.
A widow's annuity shall terminate when she remarries if the marriage takes
place before the date 60 days after the effective date of this amendatory Act
of the 91st General Assembly. If a widow remarries 60 or more days after the
effective date of this amendatory Act of the 91st General Assembly, the widow's
annuity shall continue without interruption.
When a widow dies, if she has not received, in the form of an
annuity, an amount equal to the total sums accumulated and credited from the
employee's contributions and applied for the widow's annuity, the difference
between such accumulated annuity credits and the amount received by her in
annuity payments shall be refunded to her; provided that if a reversionary
annuity is payable to her or to any other person designated by the employee,
this amount shall not be refunded, but the reversionary
annuity shall be payable.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/9-149.1) (from Ch. 108 1/2, par. 9-149.1)
Sec. 9-149.1.
Annuities to survivors of female employees.
All provisions of this Article relating to annuities or benefits to a
widow, minor children or other survivors of a male employee shall apply
with equal force to a surviving spouse, children or other eligible
survivors of a female employee, including credits for the several annuity
purposes, refunds and death benefits, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/9-150) (from Ch. 108 1/2, par. 9-150)
Sec. 9-150.
Maximum annuities.
(1) The annuities to an employee and his widow are subject to the following limitations:
(a) No age and service annuity or age and service and | ||
| ||
(b) No annuity in excess of 60% of such highest | ||
| ||
(c) No annuity in excess of 50% of such highest | ||
| ||
(2) Until July 1, 1985, if at the death of an employee prior to age 65
the credit for widow's annuity exceeds that necessary to provide the maximum
annuity prescribed in this section, all employee contributions for annuity
purposes, for service after the date on which the accumulated sums to
the credit of such employee for annuity purposes would first have
provided such widow with such amount of annuity if such annuity were
computed on the basis of the combined annuity mortality table with
interest at 3% per annum with ages at date of determination taken as
specified in this article shall be refunded to the widow, with interest
at the effective rate.
If the employee was credited with county contributions for any period
of service during which he was not required to make a contribution or made
a contribution of less than 3 1/4% of salary, the refund shall be
reduced by the equivalent of the contributions he would have made during
such period, less any amount he contributed, had the rate of employee
contributions in effect on the effective date been in force throughout
his entire service, prior to the effective date, with interest at the
effective rate; provided, that if the employee was credited with county
contributions for widow's annuity for any service prior to the effective
date, any amount so refundable shall be further reduced by the
equivalent of what he would have contributed had he made contributions
for widow's annuity at the rate of 1% throughout his entire service,
prior to such effective date, with interest at the effective rate.
(3) Notwithstanding any other provision of this Article,
any benefit payable under this Article which would otherwise exceed
the maximum limitations on benefits provided by "qualified
plans" as set forth in Section 415 of the federal Internal Revenue Code of
1986, as now or hereafter amended, or any successor thereto,
shall be paid only in accordance with Section 1-116 of this Code.
(Source: P.A. 87-794.)
|
(40 ILCS 5/9-150.1) (from Ch. 108 1/2, par. 9-150.1)
Sec. 9-150.1.
The provisions of parts (1) (b) and (c) of Section 9-150, of this
Article 9, increasing the maximum widow's annuity from $300 to $400 a
month, shall be effective July 1, 1971, and apply in the case of every
qualifying widow whose husband dies while in service on or after July 1,
1971 or withdraws and enters on annuity on or after July 1, 1971.
(Source: P.A. 77-2146.)
|
(40 ILCS 5/9-151) (from Ch. 108 1/2, par. 9-151)
Sec. 9-151.
Mortality tables and interest rates.
(a) Any single life annuity fixed or granted to any employee who was a
participant on or before January 1, 1954, or any reversionary or single
life annuity, fixed for or granted to a wife or widow shall be computed, in
the case of the employee as of his attained age when the annuity is fixed
or granted, and in the case of the wife or widow, as of employee's age and
that of his wife or widow on the date her annuity is fixed or granted,
provided that if the wife or widow is older than 5 years the junior of her
husband her age shall be assumed 5 years less than his. The American
Experience Table of Mortality with interest at 4% per annum shall be used
for the computation of the annuity values in this paragraph.
(b) Until the effective date of this amendatory Act of 1985, any single
life annuity fixed or granted to any employee who becomes
a participant for the first time after January 1, 1954, or any reversionary
or single life annuity, fixed or granted to the wife or widow shall be
computed, in the case of the employee as of his attained age when the
annuity is fixed or granted, and in the case of the wife or widow her age
shall be taken as 4 years younger than her actual age, or 4 years younger
than the age of her husband, whichever will produce the lower age, as of
the date the employee's, or the wife's or widow's annuity is fixed or
granted. The Combined Annuity Mortality Table for Male Lives with interest
at 3% per annum shall be used for the computation of the single life
employee annuity values in this paragraph. Such table shall also be used
for the computation of single life widow annuity values and for the
computation of the reversionary annuities specified in this paragraph with
the female life taken as 4 years less than the male life.
On or after the effective date of this amendatory Act of 1985, any
single life annuity fixed or granted to any employee who becomes a
participant for the first time after January 1, 1954, or any reversionary
or single life annuity fixed or granted to a wife or widow, shall be
computed, in the case of an employee as of his attained age when the
annuity is fixed or granted, and in the case of the wife or widow her age
shall be taken as the lower of her actual age or the age of her husband as
of the date the employee's or wife's or widow's annuity is fixed or
granted. The Combined Annuity Mortality Table for Male Lives with
interest at 3% per annum shall be used for the computation of the single
life employee and widow annuity values in this paragraph. Such table shall
also be used for the computation of the reversionary annuity values
specified in this paragraph with the employee life taken as 4 years less
than the male life and the spouse life taken as the male life.
Any increased costs of a local government attributable to this amendatory
Act of 1985 are not reimbursable by the State.
(c) All sums credited to any employee for annuity purposes when he
withdraws from service before age 55 shall be improved with interest at the
effective rate thereafter while he is not in service and has not entered
upon annuity until he attains age 65.
(d) The amount of widow's annuity or widow's prior service annuity which
shall be fixed for the wife of an employee who is alive shall be calculated
as a reversionary annuity derived from the total accumulated sum to the
employee's credit for widow's annuity and widow's prior service annuity on
the date the annuity is fixed. An annuity for a widow shall be computed as
of her age at the date of fixation, subject to the foregoing provisions of
this Section.
(Source: P.A. 84-306.)
|
(40 ILCS 5/9-152) (from Ch. 108 1/2, par. 9-152)
Sec. 9-152.
Computation of interest.
For the computation of interest upon any sum contributed by an
employee into any county pension fund or into this fund, it shall be
assumed that the sum was contributed on the last day of the calendar
month in which such contribution was made.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-153) (from Ch. 108 1/2, par. 9-153)
Sec. 9-153.
Term annuities - How computed.
In any case in which an employee's credit for an annuity for himself or
his widow is insufficient - at the time the annuity is fixed, - to provide an
immediate life annuity of $150 a month for the employee or his widow, a term
annuity of equal actuarial value of $150 a month shall be paid for such time
as such payments can be made from such credits for the respective
annuities.
(Source: P.A. 83-1362.)
|
(40 ILCS 5/9-154) (from Ch. 108 1/2, par. 9-154)
Sec. 9-154.
Child's annuity.
A "Child's Annuity" shall be payable monthly after the death of an
employee parent to the unmarried child until the child's attainment of age
18, under the following conditions, if the child was born before the
employee attained age 65, and before he withdrew from service:
(a) Upon death resulting from injury incurred in the performance of an
act of duty;
(b) Upon death in service from any cause other than injury incurred in
the performance of an act of duty, if the employee has at least 4 years of
service after the date of his original entry into service, and at least 2
years after the date of his latest re-entry;
(c) Upon death of an employee who withdraws from service after age 50
(age 55 if withdrawal was before January 1, 1988), and who has entered
upon or is eligible for annuity.
The first payment shall become due and payable one month after the date
of death.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-155) (from Ch. 108 1/2, par. 9-155)
Sec. 9-155.
Amount of child's annuity.
A child's annuity shall be $140
per month for each child, and shall be subject to the following limitations:
(1) If the combined annuities for the widow and children of an employee
whose death resulted from injury incurred in the performance of duty, or
for the children where a widow does not exist, exceed 70% of the employee's
final monthly salary, the annuity for each child shall be reduced pro rata
so that the combined annuities for the family shall not exceed such limitation.
(2) For the family of an employee whose death is the result of any cause
other than injury incurred in the performance of duty, in which the
combined annuities for the family exceed 60% of the employee's final
monthly salary, the annuity for each child shall be reduced pro rata so
that the combined annuities for the family shall not exceed such limitation.
A child's annuity shall be paid to the parent who is providing for the
child, unless another person has been appointed the child's legal guardian.
Beginning with any child's annuity payment made on or after
July 1, 1988, all child's
annuities otherwise payable at the rate of $140 per
month shall be increased
to 10% of the employee's salary at date of death if greater than $140,
subject to the limitation that the combined annuities for a
family may not
exceed the applicable amount hereinbefore in this Section stated.
(Source: P.A. 86-272.)
|
(40 ILCS 5/9-156) (from Ch. 108 1/2, par. 9-156)
Sec. 9-156. Duty disability benefit - Child's disability benefit. An employee who becomes disabled after the effective date while under age
65 and prior to January 1, 1979, or while under age 70 after January 1,
1979 and prior to January 1, 1987, as the result of injury incurred -
on or after the date he has been
included under this Article - in the performance of an act or acts of duty
shall have a right to receive duty disability benefit, during any period of
such disability for which he receives no salary. Any employee who
becomes disabled after January 1, 1987, as the result of injury
incurred on or after the date he has been included under the Article and in
the performance of an act or acts of duty, shall have a right to receive a
duty disability benefit during any period of such disability for which he
receives no salary. The benefit shall be 75%
of salary at date of injury; provided, that if disability, in any measure,
has resulted from any physical defect or disease which existed at the time
such injury was sustained, the duty disability benefit shall be 50% of
salary at date of such injury.
The employee shall also have a right to receive child's disability
benefit of $10 a month on account of each child less than age 18. Child's
disability benefits shall not exceed 15% of the salary as aforesaid.
These benefits shall not be allowed unless application therefor is made while the disability exists; except that this limitation does not apply if the board finds that there was reasonable cause for delay in filing the application while the disability existed. This amendatory Act of the 95th General Assembly is intended to be a restatement and clarification of existing law and does not imply that application for a duty disability benefit made after the disability had ceased, without a finding of reasonable cause, was previously allowed under this Article. The first payment of duty disability or child's disability benefit shall
be made not later than one month after such benefit is granted and each
subsequent payment shall be made not later than one month after the last
preceding payment.
Duty disability benefit is payable during disability until the employee
attains age 65 if the disability commences prior to January 1, 1979. If
the disability commences on or after January 1, 1979, the benefit prescribed
herein shall be payable during disability until the employee attains age 65
for disability commencing prior to age 60, or for a period of 5 years or
until attainment of age 70, whichever occurs first, for disability
commencing at age 60 or older and on or after January 1, 1979 but prior
to January 1, 1987. If the disability commences on or after January 1,
1987, the benefit prescribed herein shall be payable during disability for
a period of 5 years for disability commencing at age 60 or older. In
either case, child's disability benefit shall be paid to the
employee parent of any unmarried child less than age 18, during such time
until the child marries or attains age 18. The employee shall thereafter
receive such annuity as is otherwise provided under this Article.
Any employee whose duty disability benefit was terminated on or after
January 1, 1987 by reason of his attainment of age 70, and who continues to
be disabled after age 70, may elect before March 31, 1988, to have such
benefits resumed beginning at the time of such termination and continuing
until termination is required under this Section as amended by this
amendatory Act of 1987. The amount payable to any employee for such
resumed benefit for any period shall be reduced by the amount of any
retirement annuity paid to such employee under this Article for the same
period of time or by any refund paid in lieu of annuity.
(Source: P.A. 95-1036, eff. 2-17-09.)
|
(40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) Sec. 9-157. Ordinary disability benefit. An employee while under age 65
and prior to January 1, 1979, or while under age 70 and after January 1,
1979, but prior to January 1, 1987, and regardless of age on or after
January 1, 1987, who becomes disabled after becoming a contributor to the
fund as the result of any cause other than injury incurred in the
performance of an act of duty is entitled to ordinary disability benefit
during such disability, after the first 30 days thereof. No employee who becomes disabled and whose disability commences
during any period of absence from duty without pay may
receive ordinary disability benefit until he recovers from such
disability and performs the duties of his position in the service for at
least 15 consecutive days, Sundays and holidays excepted, after his
recovery from such disability. The benefit shall not be allowed unless application therefor is made
while the disability exists, nor for any period of disability before 30
days before the application for such benefit is made. The foregoing
limitations do not apply if the board finds from satisfactory evidence
presented to it that there was reasonable cause for delay in filing such
application within such periods of time. The first payment shall be made not later than one month after the
benefit is granted and each subsequent payment shall be made not later
than one month after the last preceding payment. The disability benefit prescribed herein shall cease when the first of
the following dates shall occur and the employee, if still disabled, shall
thereafter be entitled to such annuity as is otherwise provided in this
Article: (a) the date disability ceases. (b) the date the disabled employee attains age 65 for disability
commencing prior to January 1, 1979. (c) the date the disabled employee attains 65 for disability commencing
prior to attainment of age 60 in the service and after January 1, 1979. (d) the date the disabled employee attains the age of 70 for disability
commencing after attainment of age 60 in the service and after January 1, 1979. (e) the date the payments of the benefit shall exceed in the aggregate,
throughout the employee's service, a period equal to 1/4 of the total service
rendered prior to the date of disability but in no event more than 5 years.
In computing such total service any period during which the employee
received ordinary disability benefit and any period of absence from duty
other than paid vacation shall be excluded. Any employee whose duty disability benefit was terminated on or after
January 1, 1979 by reason of his attainment of age 65 and who continues to
be disabled after age 65 may elect before July 1, 1986 to have such
benefits resumed beginning at the time of such termination and continuing
until termination is required under this Section as amended by this
amendatory Act of 1985. The amount payable to any employee for such
resumed benefit for any period shall be reduced by the amount of any
retirement annuity paid to such employee under this Article for the same
period of time or by any refund paid in lieu of annuity. Any employee whose disability benefit was terminated on or after
January 1, 1987 by reason of his attainment of age 70, and who continues to
be disabled after age 70, may elect before March 31, 1988, to have such
benefits resumed beginning at the time of such termination and continuing
until termination is required under this Section as amended by this
amendatory Act of 1987. The amount payable to any employee for such
resumed benefit for any period shall be reduced by the amount of any
retirement annuity paid to such employee under this Article for the same
period of time or by any refund paid in lieu of annuity. Ordinary disability benefit shall be 50% of the employee's salary at
the date of disability. Instead of all amounts ordinarily contributed by
an employee and by the county for age and service
annuity and widow's annuity based on the salary at date of disability,
the county shall contribute sums equal to such amounts for any period
during which the employee receives ordinary disability and such is
deemed for annuity and refund purposes as amounts contributed by him. The
county shall also contribute 1/2 of 1% salary deductions required
as a contribution from the employee under Section 9-133. An employee who has withdrawn from service or was laid off for any
reason, who is absent from service thereafter for 60 days or more who
re-enters the service subsequent to such absence is not entitled to
ordinary disability benefit unless he renders at least 6 months of
service subsequent to the date of such last re-entry.(Source: P.A. 96-1466, eff. 8-20-10.) |
(40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
Sec. 9-158. Proof of disability, duty and ordinary. Proof of duty or ordinary disability shall be furnished to the board by
at least one licensed and practicing physician appointed by or acceptable to the board, except that this requirement may be waived by the board for proof of duty disability if the employee has been compensated by the county for such disability or specific loss under the Workers' Compensation Act or Workers' Occupational Diseases Act. The physician requirement may also be waived by the board for ordinary disability maternity claims of up to 8 weeks. With respect to duty disability, satisfactory proof must be provided to the board that the final adjudication of the claim required under subsection (d) of Section 9-159 established that the disability or death resulted from an injury incurred in the performance of an act or acts of duty. The
board may require other evidence of disability. Each disabled employee who
receives duty or ordinary disability benefit shall be examined at least
once a year or a longer period of time as determined by the board, by one or more licensed and practicing physicians appointed by
the board. When the disability ceases, the board shall discontinue payment
of the benefit.
(Source: P.A. 102-210, eff. 1-1-22.)
|
(40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
Sec. 9-159. When disability benefit not payable. (a) If an employee receiving duty disability or ordinary disability
benefit refuses to submit to examination by a physician appointed by the
board, he shall have no further right to receive the benefit.
(b) Disability benefit shall not be paid for any time for which the
employee receives any part of his salary, or while employed by any
public body supported in whole or in part by taxation.
(c) If an employee who shall be disabled, or his widow or children
receive any compensation or payment from the county for specific loss,
disability or death under the Workers' Compensation Act or Workers'
Occupational Diseases Act, the disability benefit or any annuity for him
or his widow or children payable as the result of such specific loss,
disability or death shall be reduced by any amount so received or
recoverable. If the amount received as such compensation or payment
exceeds such disability benefit or other annuity payable as the result
of such specific loss, disability or death, no payment of disability
benefit or other annuity shall be made until the accumulative amounts
thereof equals the amount of such compensation or payment. In such
calculation no interest shall be considered. In adjusting the amount of
any annuity in relation to compensation received or recoverable during
any period of time, the annuity to the widow shall be first reduced.
If any employee, or widow shall be denied compensation by such county
under the aforesaid Acts, or if such county shall fail to act, such
denial or failure to act shall not be considered final until the claim
has been adjudicated by the Illinois Workers' Compensation Commission.
(d) Before any action may be taken by the board on an application for duty disability benefit or widow's compensation or supplemental benefit, other than rejection of any such application that is otherwise incomplete or untimely, the related applicant must file a timely claim under the Workers' Compensation Act or the Workers' Occupational Diseases Act, as applicable, to establish that the disability or death resulted from an injury incurred in the performance of an act or acts of duty, and the applicant must receive compensation or payment from the claim or the claim must otherwise be finally adjudicated. (Source: P.A. 95-1036, eff. 2-17-09.)
|
(40 ILCS 5/9-160) (from Ch. 108 1/2, par. 9-160)
Sec. 9-160.
Annuity after withdrawal while disabled.
An employee whose disability continues after he has received ordinary
disability benefit for the maximum period of time prescribed by this
Article, and who withdraws before age 60 while still so disabled, is
entitled to receive the annuity provided from the total sum accumulated
to his credit from employee contributions and county contributions to be
computed as of his age on the date of withdrawal.
The annuity to which his wife shall be entitled upon his death, shall
be fixed on the date of his withdrawal. It shall be provided on a
reversionary annuity basis from the total sum accumulated to his credit
for widow's annuity on the date of such withdrawal.
Upon the death of any such employee while on annuity, if his service
was at least 4 years after the date of his original entry, and at least
2 years after the date of his latest re-entry, his unmarried child or
children under age 18 shall be entitled to annuity specified in this
Article for children of an employee who retires after age 50 (age 55 for
withdrawal before January 1, 1988), subject to
prescribed limitations on total payments to a family of an employee.
(Source: P.A. 85-964.)
|
(40 ILCS 5/9-161) (from Ch. 108 1/2, par. 9-161)
Sec. 9-161. Re-entry into service. (a) When an employee who has withdrawn from service after the
effective date re-enters service before age 65, any annuity previously
granted and any annuity fixed for his wife shall be cancelled. The
employee shall be credited for annuity purposes with the actuarial value
of annuities equal to those cancelled as of their ages on the date of
re-entry; provided, the maximum age of the wife for this purpose shall
be as provided in Section 9-151 of this Article. The sums so credited
shall provide for annuities to be fixed and granted in the future.
Contributions by the employee and the county for the
purposes of this
Article shall be made and when the proper time arrives, as provided in
this Article, new annuities based upon the total sums accumulated to his
credit for annuity purposes and the entire term of his service shall be
fixed for the employee and his wife.
If the employee's wife has died before he re-entered service, no part
of any credits for widow's or widow's prior service annuity at the time
annuity for his wife was fixed shall be credited upon re-entry into
service, and no such sums shall thereafter be used to provide such
annuity.
(b) When an employee re-enters service after age 65, payments on
account of any annuity previously granted shall be suspended during the
time thereafter that he is in service, and when he again withdraws
annuity payments shall be resumed. If the employee dies in service, his
widow shall receive the annuity previously fixed for her.
(c) If an employee annuitant re-enters service as an election worker and provides services for a scheduled federal, State, or local election for a period of 60 days or less during a calendar year, that employee annuitant's annuity shall not be suspended and such employee annuitant shall not be considered to be in service within the meaning of Section 9-108.3 and is not entitled to benefits for employees in service. If an employee annuitant re-enters service for a period longer than 60 days during a calendar year, the annuity shall be suspended or cancelled retroactive to the initial date of re-entry. (Source: P.A. 103-552, eff. 8-11-23.)
|
(40 ILCS 5/9-162) (from Ch. 108 1/2, par. 9-162)
Sec. 9-162.
Re-entry into service - Prior employee.
An employee other than a present employee described in subdivision
(c) of Section 9-109 who was not in the service of such county or of
the board on the day prior to the effective date, and who was in service
prior to that date and who re-enters the service after that date and
before age 65, shall not be credited for prior service annuity or
widow's prior service annuity on account of service prior to the
effective date. The period of service, prior to the effective date,
shall, however, be included in computing service for age and service
annuity, widow's annuity and ordinary disability purposes.
Contributions by the employee and county contributions for age and
service annuity and widow's annuity shall be made until such employee
attains age 65.
Any such employee shall have a right to receive age and service
annuity, from the date of withdrawal from service, as of his age on such
date, provided from the total sum accumulated to his credit for such
purposes on such date.
The amount of annuity for the wife or widow of any such employee,
from the date of the death of such employee, shall be fixed in
accordance with the provisions of this Article relating to annuities for
widows of future entrants.
The foregoing provisions of this section shall apply to any employee
who was not in service of such county or of the board on the day prior
to the effective date, unless such employee qualifies as a present
employee as described in subdivision (c) of Section 9-109, in which
event he shall be credited for prior service annuity and widow's prior
service annuity with accumulated sums computed as prescribed in this
Article. The period of service rendered by such employee prior to the
day before the effective date shall be credited in addition to the
periods of service otherwise credited to such employee.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-163) (from Ch. 108 1/2, par. 9-163)
Sec. 9-163.
Restoration of rights.
An employee who has withdrawn as a
refund the amounts credited for annuity purposes, and who re-enters service
and serves for periods comprising at least 2 years after the date of the last
refund paid to him, may have his annuity rights restored by making application
to the board in writing for the privilege of reinstating such rights and by
compliance with the following provisions:
(a) The employee shall repay in full to the fund | ||
| ||
(b) If payment is not made in a single sum, the | ||
| ||
(c) If the employee withdraws from service or dies in | ||
| ||
For an employee who applies to the Fund to reinstate credit and repay a
refund between January 1, 1993 and March 1, 1993, the 2 year minimum period
of subsequent service required under item (a) shall be instead a period of
6 months.
A person who establishes service credit under Section 9-121.16 may, at
the same time, reinstate credit in this Fund and repay a refund without a
return to service, notwithstanding the other provisions of this Section.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/9-164) (from Ch. 108 1/2, par. 9-164)
Sec. 9-164. Refunds - Withdrawal before age 55 or with less than 10
years of service.
(1) An employee, without regard to length of service, who withdraws
before age 55 (age 62 for an employee who first becomes a member on or after January 1, 2011), and any employee with less than 10 years of service who
withdraws before age 60, and any employee who first becomes a member on or after January 1, 2011 who withdraws with less than 10 years of service, shall be entitled to a refund of the total sums
accumulated to his credit as of date of withdrawal for age and service
annuity and widow's annuity resulting from amounts contributed by him or
by the county in lieu of employee contributions during duty disability.
If he is a present employee he shall also be entitled to a refund of the
total sum accumulated from any sums contributed by him and applied to
any county pension fund superseded by this fund. An employee withdrawing
on or after January 1, 1984 may receive a refund only after he has been
off the payroll for at least 30 days during which time he has received no salary.
(2) Upon receipt of the refund, the employee surrenders and forfeits
all rights to any annuity or other benefits for himself and for any
other persons who might have benefited through him; provided that he may
have any such period of service counted in computing the term of his
service - for age and service annuity purposes only - if he becomes an
employee before age 65, excepting as limited by the provisions of this
Article relating to the basis of computing the term of service.
(3) An employee who does not receive a refund shall have all amounts
to his credit for annuity purposes on the date of his withdrawal
improved by interest only until he becomes 65 while out of service at
the effective rate for his benefit and the benefit of any person who may
have any right to annuity through him if he re-enters service and
attains a right to annuity.
(4) Any such employee shall retain such right to a refund of such
amounts when he shall apply for same until he re-enters the service or
until the amount of annuity shall have been fixed as provided in this
Article. Thereafter, no such right shall exist in the case of any such
employee.
(Source: P.A. 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/9-165) (from Ch. 108 1/2, par. 9-165)
Sec. 9-165.
Refund of widow's annuity deductions.
If a male employee is (1) unmarried when he attains age 65 or (2) is
married at age 65 and subsequently becomes a widower while still in
service, or (3) unmarried upon withdrawal before age 65 and enters upon
annuity, the sum accumulated from employee contributions for widow's
annuity shall be refunded to him.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-166) (from Ch. 108 1/2, par. 9-166)
Sec. 9-166. Refunds - when paid to beneficiary, children or estate. Whenever the total amount accumulated to the account of a deceased
employee from employee contributions for
annuity purposes, and from
employee contributions applied to any county pension fund superseded by
this fund, have not been paid to him, and in the case of a married male
employee to the employee and his widow together, in form of annuity or
refund before the death of the last of such persons, a refund shall be
payable as follows:
An amount equal to the excess of such amounts over the amounts paid
on any annuity or annuities or refund, without interest upon either of
such amounts, shall be refunded to a beneficiary theretofore designated
by the employee in writing, signed by him, and filed with the board before the employee's
death.
If there is no designated beneficiary or the beneficiary does not
survive the employee, the amount shall be refunded to the employee's
children, in equal parts with the children of a deceased child taking
the share of their parent. If there is no designated beneficiary or
children, the refund shall be paid to the administrator or executor of
the employee's estate.
If an administrator or executor of the estate has not been appointed
within 90 days from the date the refund became payable the refund may be
applied in the discretion of the board toward the payment of the
employee's burial expenses. Any remaining balance shall be paid to the
heirs of the employee according to the law of descent and distribution
of this state but assuming for the purpose of such payment of refund and
determination of heirs that the deceased male employee left no widow
surviving in those cases where a widow eligible for widow's annuity as
his widow survived him and subsequently died; provided,
(a) that if any child or children of the employee are | ||
| ||
(b) that if a reversionary annuity becomes payable as | ||
| ||
(Source: P.A. 99-578, eff. 7-15-16.)
|
(40 ILCS 5/9-167) (from Ch. 108 1/2, par. 9-167)
Sec. 9-167.
Refund - In lieu of annuity.
In lieu of an annuity, an employee who withdraws after age 60, having annuity
rights based on a credit of not more than 10 years of service, or an employee
who withdraws and whose annuity would amount to less than $150
a month for life, or a former employee who is receiving an annuity from
the Fund of less than $150 per month, regardless of his date of withdrawal
from service, may elect to receive a refund of the total sum accumulated
to his credit from employee contributions for annuity purposes, minus
any amounts previously paid to him by the Fund.
The widow of any employee, eligible for annuity upon the death of her
husband, whose annuity would amount to less than $150 a month for life,
and any widow receiving an annuity of less than $150 per month, may,
in lieu of a widow's annuity, elect to receive a refund of the accumulated
contributions for annuity purposes, based on the amounts contributed by
her deceased employee husband, but reduced by any amounts theretofore paid
to either the widow or the employee in the form of an
annuity or refund out of such accumulated contributions.
Accumulated contributions shall mean the amounts including interest credited
thereon contributed by the employee for age and service and widow's annuity
to the date of his withdrawal or death, whichever first
occurs, including the accumulations from any amounts contributed for him
as salary deductions while receiving duty disability benefits, and if
not otherwise included any accumulations from sums contributed by him and
applied to any pension fund superseded by this fund, and interest credited
thereon in accordance with the other provisions of this Article.
The acceptance of such refund in lieu of widow's annuity, on the part of
a widow, shall not deprive a child or children of the right to receive a
child's annuity as provided for in Sections 9-154 and 9-155 of
this Article, and neither shall the payment of child's annuity in the case of
such refund to a widow reduce the amount herein set forth as refundable to such
widow electing a refund in lieu of widow's annuity.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(40 ILCS 5/9-168)
Sec. 9-168. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169)
Sec. 9-169. Financing; tax levy and other funding sources. (a) The county board shall levy a
tax annually upon all taxable property in the county at the rate that
will produce a sum which, when added to the amounts deducted from the salaries
of the employees or otherwise contributed by them is sufficient
for the requirements of this Article.
For the years before 1962 the tax rate shall be as provided in "The
1925 Act". For the years 1962 and 1963 the tax rate shall be not more
than .0200 per cent; for the years 1964 and 1965 the tax rate shall be
not more than .0202 per cent; for the years 1966 and 1967 the tax rate
shall be not more than .0207 per cent; for the year 1968 the tax rate
shall be not more than .0220 per cent; for the year 1969 the tax rate
shall be not more than .0233 per cent; for the year 1970 the tax rate
shall be not more than .0255 per cent; for the year 1971 the tax rate
shall be not more than .0268 per cent of the value, as equalized or
assessed by the Department of Revenue upon all taxable
property in the county. Beginning with the year 1972 and for each year
thereafter the county shall levy a tax annually at a rate on the dollar
of the value, as equalized or assessed by the Department of Revenue
of all taxable property within the county that will
produce, when extended, not to exceed an amount equal to the total
amount of contributions made by the employees to the
fund in the calendar year 2 years prior to the year for which the annual
applicable tax is levied multiplied by .8 for the years 1972 through
1976; by .8 for the year 1977; by .87 for the year 1978; by .94 for the
year 1979; by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by 1.18 for the year 1982 and by 1.36 for the year 1983 and by 1.54 for
the year 1984 and for each year thereafter.
This tax shall be levied and collected in like manner with the
general taxes of the county, and shall be in addition to all other taxes
which the county is authorized to levy upon the aggregate valuation of
all taxable property within the county and shall be exclusive of and in
addition to the amount of tax the county is authorized to levy for
general purposes under any laws which may limit the amount of tax which
the county may levy for general purposes. The county clerk, in reducing
tax levies under any Act concerning the levy and extension of taxes,
shall not consider this tax as a part of the general tax levy for county
purposes, and shall not include it within any limitation of the per cent
of the assessed valuation upon which taxes are required to be extended
for the county. It is lawful to extend this tax in addition to the
general county rate fixed by statute, without being authorized as
additional by a vote of the people of the county.
Revenues derived from this tax shall be paid to the treasurer of the
county and held by the treasurer for the benefit of the fund.
If the payments on account of taxes are insufficient during any year
to meet the requirements of this Article, the county may issue tax
anticipation warrants against the current tax levy.
(b) By January 10, annually, the board shall notify the county board
of the requirement of this Article that this tax shall be levied. The
board shall make an annual determination
of the required county contributions, and shall certify the results
thereof to the county board.
(c) Beginning in the year 2024, the county's minimum required employer contribution as provided in Section 9-169.2 shall be paid with the portion of the tax levy as provided in subsection (a) of this Section and any other lawfully available funds of the county. The county shall disburse to and deposit with the county treasurer on a monthly basis beginning no later than the December 31 preceding the beginning of the Fund's fiscal year 1/12 of the balance of what is not paid under subsection (a), for the benefit of the Fund, to be held in accordance with this Article. This amount, together with such real estate taxes as are specifically levied under this Section for that year, shall not be less than the amount of the minimum required employer contribution for that year as certified by the Fund to the county board. The deposit may be derived from any source otherwise legally available to the county for that purpose, including, but not limited to, home rule taxes. The making of a deposit shall satisfy the requirements of this Section for that year to the extent of the amounts so deposited. Amounts deposited under this subsection may be used by the Fund for any of the purposes for which the proceeds of real estate taxes levied by the county under this Section may otherwise be used, including the payment of any amount that is otherwise required by this Article to be paid from the proceeds of that tax. If the county, before the effective date of this amendatory Act of the 103rd General Assembly, made a contribution or agreed to make a contribution to the Fund from sources other than real estate taxes, this paragraph confirms the validity of or ratifies such contribution or agreement, and neither the county nor any of its officers or employees shall be required to answer for such contribution or agreement in any court.
If it is not possible or practicable for the county to make
contributions for age and service annuity and widow's annuity
concurrently with the employee contributions made for such purposes,
such county shall make such contributions as soon as possible and
practicable thereafter with interest thereon at the effective rate until
the time it shall be made.
(d) With respect to employees whose wages are funded as participants
under the Comprehensive Employment and Training Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, subsequent to October 1, 1978, and in instances
where the board has elected to establish a manpower program reserve, the
board shall compute the amounts necessary to be credited to the manpower
program reserves established and maintained as herein provided, and
shall make a periodic determination of the amount of required
contributions from the County to the reserve to be reimbursed by the
federal government in accordance with rules and regulations established
by the Secretary of the United States Department of Labor or his
designee, and certify the results thereof to the County Board. Any such
amounts shall become a credit to the County and will be used to reduce
the amount which the County would otherwise contribute during succeeding
years for all employees.
(e) In lieu of establishing a manpower program reserve with respect
to employees whose wages are funded as participants under the
Comprehensive Employment and Training Act of 1973, as authorized by
subsection (d), the board may elect to establish a special County
contribution rate for all such employees. If this option is elected, the
County shall contribute to the Fund from federal funds provided under
the Comprehensive Employment and Training Act program at the special
rate so established and such contributions shall become a credit to the
County and be used to reduce the amount which the County would otherwise
contribute during succeeding years for all employees.
(Source: P.A. 103-529, eff. 8-11-23.)
|
(40 ILCS 5/9-169.1) Sec. 9-169.1. Annual actuarial report. The retirement board shall retain an actuary who is a member in good standing of the American Academy of Actuaries to produce an annual actuarial report of the Fund. The annual actuarial report shall include, but not be limited to: (1) a statement of the minimum required contribution, the actuarial value of the Fund's assets as projected over at least 30 years' time, and the actuarial value of the Fund's liabilities as projected over the same period of time; and (2) the minimum required employer contribution, as determined under Section 9-169.2, for the second year immediately following the year ending on the valuation date upon which the annual actuarial report is based. The annual actuarial report may be prepared as part of the annual audit required under Section 9-195. The annual actuarial report shall be reviewed and formally adopted by the retirement board and shall be included in the annual report that is required to be submitted to the county in July of each year under Section 9-199. In this Section, "valuation date" means the date that the value of the assets and liabilities of the Fund is based on in the annual actuarial report.
(Source: P.A. 103-529, eff. 8-11-23.) |
(40 ILCS 5/9-169.2) Sec. 9-169.2. Minimum required employer contribution. The minimum required employer contribution for a specified year, as set forth in the annual actuarial report required under Section 9-169.1, shall be the amount determined by the Fund's actuary to be equal to the sum of: (i) the projected normal cost for pensions for that fiscal year based on the entry age actuarial cost method, plus (ii) a projected unfunded actuarial accrued liability amortization payment for pensions for the fiscal year, plus (iii) projected expenses for that fiscal year, plus (iv) interest to adjust for payment pattern during the fiscal year, less (v) projected employee contributions for that fiscal year. The minimum required employer contribution for the next year shall be submitted annually by the county on or before June 14 of each year unless another time frame is agreed upon by the county and the Fund. For the purposes of this Section: "5-Year smoothed actuarial value of assets" means the value of assets as determined by a method that spreads the effect of each year's investment return in excess of or below the expected return. "Entry age actuarial cost method" means a method of determining the normal cost and is determined as a level percentage of pay that, if paid from entry age to the assumed retirement age, assuming all the actuarial assumptions are exactly met by experience and no changes in assumptions or benefit provisions, would accumulate to a fund sufficient to pay all benefits provided by the Fund. "Layered amortization" means a technique that separately layers the different components of the unfunded actuarial accrued liabilities to be amortized over a fixed period not to exceed 30 years. "Projected expenses" means the projected administrative expenses for the cost of administering the Fund. "Projected normal costs for pensions" means the cost of the benefits that accrue during the year for active members under the entry age actuarial cost method. "Unfunded actuarial accrued liability amortization payment" means the annual contribution equal to the difference between the values of assets and the accrued liabilities of the plan, calculated by an actuary, needed to amortize the Fund's liabilities over a period of 30 years starting in 2017, with layered amortization of the Fund's unexpected unfunded actuarial accrued liability amortization payment following 2017 in periods of 30 years, with amortization payments increasing 2% per year, and reflecting a discount rate for all liabilities consistent with the assumed investment rate of return on fund assets and a 5-year smoothed actuarial value of assets.(Source: P.A. 103-529, eff. 8-11-23; 104-417, eff. 8-15-25.) |
(40 ILCS 5/9-170) (from Ch. 108 1/2, par. 9-170)
Sec. 9-170.
Contributions for age and service annuities for present
employees, future entrants and re-entrants.
(a) Beginning on the effective date as to a present employee in
paragraph (a) or (c) of Section 9-109, or as to a future entrant in
paragraph (a) of Section 9-110, and beginning on September 1, 1935 as
to a present employee in paragraph (b) (1) of Section 9-109 or as to a
future entrant in paragraph (b) or (d) of Section 9-110, and beginning
from the date of becoming a contributor as to any present employee in
paragraph (b)(2) or (d) of Section 9-109, or any future entrant in
paragraph (c) or (e) of Section 9-110, there shall be deducted and
contributed to this fund 3 1/4% of each payment of salary for age and
service annuity until July 1, 1947. Beginning July 1, 1947 and prior to
July 1, 1953, 5% and beginning July 1, 1953, and prior to September 1,
1971, 6%; and beginning September 1, 1971, 6 1/2% of each payment of
salary of such employees shall be deducted and contributed for such
purpose.
From and after January 1, 1966, each deputy sheriff as defined
in Section 9-128.1 who is a member of the County Police Department and
a participant of this fund shall contribute 7% of salary for age and
service annuity. At the time of retirement on annuity, a deputy sheriff
who is a member of the County Police Department, who chooses to retire
under provisions of this Article other than Section 9-128.1, may receive a
refund of the difference between the contributions made as a deputy sheriff
who is a member of the County Police Department and the contributions that
would have been made for such service not as a deputy sheriff who is a
member of the County Police Department, including interest earned.
Such deductions beginning on the effective date and prior to July 1,
1947 shall be made and continued for a future entrant while he is in the
service until he attains age 65, and beginning on the effective date and
prior to July 1, 1953 for a present employee while he is in the service
until the amount so deducted from his salary or paid by him according to
law to any county pension
fund in force on the effective date, with interest on both such amounts
at 4% per annum, equals the sum that would have been to his credit from
sums deducted from his salary if deductions at the rate herein stated
had been made during his entire service until he attained age 65, with
interest at 4% per annum for the period subsequent to his attainment of
age 65. Such deductions beginning July 1, 1947 for future entrants and
beginning July 1, 1953 for present employees shall be made and continued
while such future entrant or present employee is in the service.
(b) Concurrently with each employee contribution, the county shall
contribute beginning on the effective date and prior to July 1, 1947, 5
3/4%, and beginning on July 1, 1947 and prior to July 1, 1953, 7%; and
beginning on July 1, 1953, 6% of each payment of such salary until the
employee attains age 65.
(c) Each present employee contribution made prior to the date the
age and service annuity for such employee is fixed, each future entrant
contribution, and each corresponding county contribution shall be
allocated to the account of and credited to the employee for whose
benefit it is made.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/9-170.1) (from Ch. 108 1/2, par. 9-170.1)
Sec. 9-170.1.
From and after January 1, 1970 any employee who is
credited with 35 or more years of contributing service may elect to
discontinue the salary deductions for all annuities as specified in
Sections 9-133, 9-170, and 9-176. Upon such election the
annuity for the employee and his wife or widow is fixed and determined as of
the date of such discontinuance. No increase in annuity for the employee or
his wife or widow accrues thereafter while he is in service. This election
shall be in writing to the Retirement Board at least 60 days before the date
the salary deductions cease.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(40 ILCS 5/9-170.2) (from Ch. 108 1/2, par. 9-170.2)
Sec. 9-170.2.
The county may pick up the employee contributions required
by Sections 9-133, 9-170, 9-176, 9-176.1 for salary earned after December
31, 1981. If employee contributions are not picked up, the amount that
would have been picked up under this amendatory Act of 1980 shall continue
to be deducted from salary. If contributions are picked up they shall be
treated as employer contributions in determining tax treatment under the
United States Internal Revenue Code; however, the county shall continue
to withhold Federal and state income taxes based upon these contributions
until the Internal Revenue Service or the Federal courts rule that pursuant
to Section 414(h) of the United States Internal Revenue Code, these contributions
shall not be included as gross income of the employee
until such time as they are distributed or made available.
The county shall pay these
employee contributions from the same source of funds which is used in paying
salary to the employee. The county
may pick up these contributions by a reduction in the cash salary of the
employee or by an offset against a future salary increase or by a combination
of a reduction in salary and offset against a future salary increase. If
employee contributions are picked up they shall be treated for all purposes
of this Article 9, including Section 9-169, in the same manner and to the
same extent as employee contributions made prior to the date picked up.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-171) (from Ch. 108 1/2, par. 9-171)
Sec. 9-171.
Additional contributions for age and service annuities for present
employees, future entrants and re-entrants.
(a) From and after September 1, 1935, in addition to the contributions
provided in Section 9-170 for each present employee described in
subdivision (b) of Section 9-109 and each future entrant and each
re-entrant described in subdivision (d) or (e) of Section 9-110, 3 1/4% of
each payment of salary, not in excess of salary of $3,000 per year, shall
be contributed by an employee for age and service annuity. Upon election by
such employee made prior to September 1, 1935, any other integral multiple
of 3 1/4% of such payment shall be contributed.
The contributions shall be made as a deduction from salary and shall be
continued while the employee is in service until the total of the amounts
contributed for age and service annuity with interest at the effective rate
is equal to the sum which would have accumulated under this Article because
of contributions for age and service annuity if such contributions were
made for such purposes during the entire periods of his service for such
county or the retirement board under this Article and improved by interest
at the effective rate.
(b) Concurrently with each such contribution, the county shall
contribute 5 3/4% of each payment of salary, not in excess of $3,000 a
year. Such contributions shall be made until the total of the amounts
contributed by the county on behalf of such employee for age and service
annuity with interest at the effective rate shall be equal to the sum which
would have accumulated from county contributions for age and service
annuity if contributions by the county had been made for such purposes
during the entire periods of service in accordance with this Article and
improved by interest to such time at the effective rate.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-172) (from Ch. 108 1/2, par. 9-172)
Sec. 9-172.
Contributions by employee after annuity is fixed.
Any contributions by an employee from and after the date when his age
and service annuity is fixed shall not increase the amount of such
annuity. The contributions shall be applied toward the extra cost of a
minimum annuity where payable over the amount of age and service
annuity. The accumulated sum arising therefrom shall be refunded when
the employee withdraws from service if he is not entitled to annuity, or
shall be applied toward the extra cost of such minimum annuity if he is
eligible therefor over the age and service annuity to the extent of such
extra cost as provided in Section 9-150 of this Act and the balance, if
any, shall be refunded. When the employee is not entitled to minimum
annuity, or upon death of the employee while in the service after
attaining age 65 with less than 10 years of service credit at date of
death, the accumulated sum arising from employee contributions after his
annuity was fixed at age 65 shall be refunded to his widow.
(Source: P.A. 83-1362.)
|
(40 ILCS 5/9-173) (from Ch. 108 1/2, par. 9-173)
Sec. 9-173.
Additional contributions and credits-all employees.
Any employee in service on July 1, 1947, may elect to make additional
contributions while in service which shall not exceed 7/13 of the sum
accumulated for age and service annuity on July 1, 1947, or at age 65 if he
attained such age prior thereto. The time and manner of making such
additional contributions shall be prescribed by the board. Concurrently
with each such additional contribution, the county shall contribute 1 and
4/10 times the additional contributions.
These contributions shall be improved at interest at the rate and in
like manner as other employee and county contributions; provided, that the
employee, while in service, may request a refund of all or any part of his
contributions, without interest, or shall have them refunded to him,
without interest, when he retires on annuity or to his widow, if and to the
extent they do not serve to increase the annuity otherwise payable to him
or his widow.
By such refund the employee or his widow surrenders and forfeits all
rights which might otherwise have accrued by virtue of any amount so
refunded, including related county contributions.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-174) (from Ch. 108 1/2, par. 9-174)
Sec. 9-174.
Contributions by disabled employee whose ordinary disability benefit has
expired.
In the case of any disabled employee whose credit for ordinary
disability benefit purposes has expired and who continues to be disabled
such employee shall have the right to contribute to the fund at the current
contribution rate for a period not to exceed a total of 12 months during
his entire period of service and to receive credit for all annuity purposes
for any such periods paid for. Such payment shall not affect the
employee's resignation date for purposes of annuity.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/9-175) (from Ch. 108 1/2, par. 9-175)
Sec. 9-175.
Interest credits-all employees.
Amounts allocated to the account of and credited for age and service and
prior service annuity shall be improved by interest at the effective rate
during the time thereafter an employee is in service until the amount of
his annuity is fixed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-176) (from Ch. 108 1/2, par. 9-176)
Sec. 9-176.
Contributions for widow's annuity for widows of present employees, future
entrants and re-entrants.
(a) Beginning on the effective date as to a present employee in
paragraph (a) or (c) of Section 9-109, or as to a future entrant in
paragraph (a) of Section 9-110, and beginning on September 1, 1935, as to
a present employee in paragraph (b) (1) of Section 9-109 or as to a future
entrant in paragraph (b) or (d) of Section 9-110, and beginning from the
date of becoming a contributor as to any present employee in paragraph (b)
(2) or (d) of Section 9-109, or any future entrant in paragraph (c) or (e)
of Section 9-110, there shall be deducted and contributed by each male
employee 1%, and from and after January 1, 1966, 1 1/2%, of each payment of
salary for widow's annuity. Deductions shall be continued during service
until the employee attains age 65.
(b) Concurrently with each employee contribution, the county shall
contribute beginning on the effective date and prior to July 1, 1947, 1
3/4%, and beginning on July 1, 1947, 2% of salary.
(c) Each employee contribution made prior to the date when the amount of
widow's annuity for an employee is fixed and each concurrent County
Contribution Credit shall be allocated to the account of and credited to
the employee for whose benefit it is made.
(Source: Laws 1965, p. 1254.)
|
(40 ILCS 5/9-176.1) (from Ch. 108 1/2, par. 9-176.1)
Sec. 9-176.1.
Contributions by female employees.
(a) Effective as of October 1, 1974, each female employee shall
contribute at the same rates as a
male employee for widow's annuity or
other benefits, to the end that like credits may be established and
maintained for both male and female employees for all purposes of this
Article with respect to annuities, benefits, contribution rates, refunds
and other provisions of this Article.
(b) Any female employee shall have the option of making
contributions for the aforesaid purposes covering the period prior to
October 1, 1974, and receiving pension credits therefor, including the
concurrent credits from city contributions. Such contributions shall
include interest at 4% per annum from the dates such contributions
should have been made from the beginning of their service to the dates
of payment to the end that equal credits may be provided for all
employees under this Article.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-177) (from Ch. 108 1/2, par. 9-177)
Sec. 9-177.
Additional contributions for widow's annuity for widows of
present employees, future entrants and re-entrants. In addition to the
contributions to be made by each employee and by the county for widow's
annuity as herein provided additional contributions shall be made as follows:
(a) Beginning September 1, 1935, 1% of each payment of salary, not in
excess of $3,000 a year, of each present employee described in subdivision
(b) of Section 9-109, and of each future entrant and re-entrant
described in subdivision (d) or (e) of Section 9-110.
(b) Concurrently with each deduction from salary, the county shall
contribute a sum equal to 1 3/4% of each payment of salary, not in excess
of $3,000 a year.
(Source: P.A. 90-655, eff. 7-30-98.)
|
(40 ILCS 5/9-178) (from Ch. 108 1/2, par. 9-178)
Sec. 9-178.
Widow's annuity interest credits-all employees.
Amounts allocated to the account of and credited to the employee for
widow's and widow's prior service annuity shall be improved by interest at
the effective rate during the time thereafter the employee is in service,
until the amount of her annuity is fixed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-179) (from Ch. 108 1/2, par. 9-179)
Sec. 9-179.
Election as to amount to be deducted from compensation-refunds.
(a) Any employee who failed to elect to make contributions beginning on
September 1, 1935, for any period of service while he was not a contributor
to the fund or any employee who elected to make contributions for such
period and desires to change the amounts previously authorized by him, may,
upon application to the board elect to make such contributions. Any such
election shall be made in accordance with the provisions of this Article.
Interest on sums accumulated to the credit of such employee shall be
adjusted for the periods of time during which such contributions are made.
(b) Any employee may contribute to the fund for any period of service
rendered to such county after January 1, 1926, by virtue of appointment or
election to a position which did not allow him to contribute or to receive
credit under the provisions of "The 1925 Act" of this Article. Such
contributions may include: (1) any period during which he was in the armed
service of the United States if he left the service of the county to enter
military service in the armed services and returned to the service of such
county within 90 days after his discharge from such armed service, and if
such county did not make such payment on his behalf, (2) any period of
service for the county for which salary or wages were paid in whole or in
part by the State of Illinois and for which he was not allowed to
participate in a pension fund and also such period of service for which
lodging, board, and laundry was provided by the employer, in lieu of
salary, and no other salary or wages were paid, in which case the salary
base to be considered for such service shall be the amount set forth in
Section 9-112, paragraph (c) of this Article, (3) such amounts as he would
have contributed for annuity purposes had deductions from his salary been
made at the rates in effect under the provisions of "The 1925 Act" during
the period of time such service was rendered.
Upon making such contributions he shall be credited with concurrent
county contributions at the rates in effect for county employees during the
periods such service was rendered. Such payments and concurrent county
contributions shall be made with interest at the effective rate and shall,
together with all other amounts contributed by such employee for annuity
purposes, be considered in computing the annuities to which such employee
or his widow shall have a right. Any such periods of service for which
payment is made shall be counted as periods of service for annuity
purposes.
In order to be credited as service under Section 9-134 of this Article
all such payments by a county employee must be made in full while the
employee is still in service of the county. If payment is not so made any
payments made with interest at the effective rate shall be refunded to the
employee when he withdraws from service, or to his widow in the event of
his death, or if no widow, in accordance with the other refund provisions
of this Article. The employee may elect to have such partial payments made
by him, together with the concurrent county contributions and interest,
credited toward the age and service and widow's annuities on the assumption
that the payments shall apply to his earliest service. In the event of
death of the employee, while in service, his widow may elect to have such
payments and related county contributions, and interest, credited for
widow's annuity, to the extent that they do not increase her annuity above
that fixed for her on the assumption her deceased husband had continued in
service at the rate of his final salary until he became 65 years of age,
and the proportional part of the payments and related contributions were
included.
(Source: P.A. 77-1199.)
|
(40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1) Sec. 9-179.1. Military service. A contributing employee may elect to purchase creditable service for up to 24 months of active-duty military service, whether or not that service followed service as a county employee. The military service need not have been served in wartime, but the employee must not have been dishonorably discharged. To establish this creditable service, the contributing employee must pay to the Fund, while in the service of the county, an amount determined by the Fund to represent (i) the employee contributions for the creditable service based on his or her rate of compensation on his or her last day as a contributor before the military service or on his or her first day as a contributor after the military service, whichever is greater, plus (ii) interest calculated at the effective rate from the date used to determine the rate of compensation for employee contributions under item (i) to the date of payment.(Source: P.A. 103-529, eff. 8-11-23; 104-284, eff. 1-1-26.) |
(40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
Sec. 9-179.2. Other governmental service-former county
service. Any employee who first becomes a contributor before the effective date of this amendatory Act of the 99th General Assembly, who has rendered service to any
"governmental unit" as such term is defined in the
"Retirement Systems Reciprocal Act" under Article 20 of the
Illinois Pension Code, who did not contribute to the retirement
system of such "governmental unit", including the retirement
system created by this Article 9 of the Illinois Pension Code,
for such service because of ineligibility for participation and
has no equity or rights in such retirement system because of
such service shall be given credit for such service in this
fund, provided:
(a) the employee shall pay to this fund, while in the | ||
| ||
(b) this Section shall not be applicable to any | ||
| ||
(Source: P.A. 99-578, eff. 7-15-16.)
|
(40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3)
Sec. 9-179.3. Optional plan of additional benefits and contributions.
(a) While this plan is in effect, an employee may establish additional
optional credit for additional optional benefits by electing in writing at
any time to make additional optional contributions. The employee may
discontinue making the additional optional contributions at any time by
notifying the fund in writing.
(b) Additional optional contributions for the additional optional
benefits shall be as follows:
(1) For service after the option is elected, an | ||
| ||
(2) For service before the option is elected, an | ||
| ||
(c) Additional optional benefits shall accrue for all periods of
eligible service for which additional contributions are paid in full. The
additional benefit shall consist of an additional 1% for each year of
service for which optional contributions have been paid, based on the
highest average annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of withdrawal, to be
added to the employee retirement annuity benefits as otherwise computed
under this Article. The calculation of these additional benefits shall be
subject to the same terms and conditions as are used in the calculation of
retirement annuity under Section 9-134. The additional benefit shall be
included in the calculation of the automatic annual increase in annuity,
and in the calculation of widow's annuity, where applicable. However no
additional benefits will be granted which produce a total annuity greater
than the applicable maximum established for that type of annuity in this
Article, and additional benefits shall not apply to any benefit computed
under Section 9-128.1.
(d) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Sections 9-164,
9-166 and 9-167. Interest shall be credited at the effective rate on the
same basis and under the same conditions as for other contributions.
(e) (Blank).
(f) The tax levy, computed under Section 9-169, shall be based on
employee contributions including the amount of optional additional employee
contributions.
(g) Service eligible under this Section may include only service as an
employee of the County as defined in Section 9-108, and subject to Sections
9-219 and 9-220. No service granted under Section 9-121.1, 9-121.4 or
9-179.2 shall be eligible for optional service credit. No optional service
credit may be established for any military service, or for any service
under any other Article of this Code. Optional service credit may be
established for any period of disability paid from this fund, if the employee
makes additional optional contributions for such periods of disability.
(h) This plan of optional benefits and contributions shall not apply to
any former county employee receiving an annuity from the fund, who
re-enters service as a County employee, unless he renders at least 3 years
of additional service after the date of re-entry.
(i) The effective date of the optional plan of additional benefits and
contributions shall be July 1, 1985, or the date upon which approval is
received from the Internal Revenue Service, whichever is later.
(j) This plan of additional benefits and contributions shall expire
July 1, 2005. No additional contributions may be made after
that date, and no additional benefits will accrue after that date.
(Source: P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-179.4) Sec. 9-179.4. Service for periods of furlough or salary reduction. (a) An active participant may establish service credit and earnings credit for periods of furlough beginning on or after December 1, 2017 and ending on or before November 30, 2018. To receive this credit, the participant must (i) apply in writing to the Fund before December 31, 2019; (ii) not receive compensation or any type of remuneration from the county for any furlough period; (iii) make, on an after-tax basis, employee contributions required under this Article based on his or her salary during the periods of furlough, plus an amount determined by the Board to be equal to the employer's normal cost of the benefit, plus compounded interest at the actuarially assumed rate from the date of furlough to the date of payment; and (iv) pay the employee contributions required by this Section while he or she is an active participant and within 12 months after the date of application. The participant shall provide, at the time of application, written certification from the county stating (1) the total number of furlough days the participant has been required to take and (2) that the participant has not received compensation or any type of remuneration from the county for such furlough days. (b) An active participant may establish earnings credit for periods of salary reduction beginning on or after December 1, 2017 and ending on or before November 30, 2018. To receive this credit, the participant must: (i) apply in writing to the Fund before December 31, 2019; (ii) not receive compensation or any type of remuneration from the county for any reduction in salary; (iii) make, on an after-tax basis, employee contributions required under this Article based on the reduction in salary, plus an amount determined by the Board to be equal to the employer's normal cost of the benefit, plus compounded interest at the actuarially assumed rate from the date of reduction in salary to the date of payment; and (iv) pay the employee contributions required by this Section while he or she is an active participant and within 12 months after the date of application. The participant shall provide, at the time of application, written certification from the county stating (1) the total reduction in salary for each pay period with a reduction in salary and (2) that the participant has not received compensation or any type of remuneration from the county for such reduction in salary. (c) For the purposes of this Section, the employer's normal cost shall be determined by the Fund's actuarial valuation for the year ending December 31, 2018. Any payments received under this Section shall be considered contributions made by the employee for the purposes of Sections 9-169 and 10-107 of this Code.
(Source: P.A. 101-11, eff. 6-7-19.) |
(40 ILCS 5/9-180) (from Ch. 108 1/2, par. 9-180)
Sec. 9-180.
Contributions by county for duty disability benefit.
In lieu of all amounts ordinarily contributed by an employee and by
the county for age and service annuity, and widow's annuity the county
shall contribute sums equal to such amounts for any period during which
the employee receives duty disability benefit to be credited to the
disabled employee for annuity purposes as though he were in active
discharge of his duties during any such period of disability.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-181) (from Ch. 108 1/2, par. 9-181)
Sec. 9-181.
Contributions by county for ordinary disability benefit.
The county shall contribute all amounts ordinarily contributed by it for
annuity purposes for any employee receiving ordinary disability benefit as
though he were in active discharge of his duties during such period of
disability.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-182) (from Ch. 108 1/2, par. 9-182)
Sec. 9-182. Contributions by county for prior service annuities and
pensions under former acts.
(a) The county, State or federal contributions authorized in
Section 9-169 shall be applied first for the purposes of this
Article 9 other than those stated in this Section.
The balance of the sum produced from such contributions shall be applied
for the following purposes:
1. "An Act to provide for the formation and | ||
| ||
2. Section 9-225 of this Article;
3. To meet such part of any minimum annuity as shall | ||
| ||
4. (Blank);
5. (Blank).
(b) (Blank).
(Source: P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-183) (from Ch. 108 1/2, par. 9-183)
Sec. 9-183.
Contribution by county for administration costs.
The county shall contribute, from revenue derived from taxes herein
authorized, the amount necessary to defray costs of administration of the
fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-184) (from Ch. 108 1/2, par. 9-184)
Sec. 9-184. Estimates of sums required for certain annuities and benefits. The board shall estimate and itemize the amounts required each year to pay for all
annuities, each benefit category, and administrative expenses associated with this Article, by way of a written report and request to the County Board of Commissioners. The amounts shall be
paid into the fund annually by the county as provided in Section 9-169.
(Source: P.A. 103-529, eff. 8-11-23.)
|
(40 ILCS 5/9-184.5) Sec. 9-184.5. Delinquent contributions; deduction from payments of State funds to the county. If the county fails to transmit to the Fund contributions required of it under this Article by December 31st of the year in which such contributions are due, the Fund may, after giving notice to the county, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in payment year 2016, deduct and remit to the Fund the certified amounts from payments of State funds to the county. The State Comptroller may not deduct from any payments of State funds to the county more than the amount of delinquent payments certified to the State Comptroller by the Fund.
(Source: P.A. 99-8, eff. 7-9-15.) |
(40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185)
Sec. 9-185. Board created.
(a) A board of 9 members shall constitute the
board of trustees authorized to carry out the provisions of this Article.
The board of trustees shall be known as "The Retirement Board of the County
Employees' Annuity and Benefit Fund of .... County". The board shall
consist of 2 members appointed and 7 members elected as
hereinafter prescribed.
(b) The appointed members shall be appointed as follows: One member
shall be appointed by the comptroller of such county, who may be the
comptroller or some person chosen by the comptroller from among employees of the county,
who are
versed in the affairs of the comptroller's office; and one member shall be
appointed by the treasurer of such county, who may be the treasurer or some
person chosen by the treasurer from among employees of the County who are versed in
the affairs of the treasurer's office.
The member appointed by the comptroller shall hold office for a term
ending on December 1st of the first year following the year of appointment.
The member appointed by the county treasurer shall hold office for a term
ending on December 1st of the second year following the year of appointment.
Thereafter, each appointed member shall be appointed by the officer that
appointed the predecessor for a term of 2 years.
(c) Three county employee members of the board shall be
elected as follows: within 30 days from and after the date upon which this
Article comes into effect in the county, the clerk of the county shall
arrange for and hold an election. One employee shall be elected for a term
ending on the first day in the month of December of the first year next
following the effective date; one for a term ending on December 1st of the
following year; and one for a term ending December 1st of the second following
year.
(d) Beginning December 1, 1988, and every 3 years thereafter,
an annuitant member of the board shall be elected as follows:
the board shall arrange for and hold an election in which only those
participants who are currently receiving retirement benefits
under this Article shall be eligible to vote and be elected. Each such
member shall be elected to a term ending on the first day in the month of
December of the third following year.
(d-1) Beginning December 1, 2001, and every 3 years thereafter, an
annuitant member of the board shall be elected as follows:
the board shall arrange for and hold an election in which only those
participants who are currently receiving retirement benefits
under this Article shall be eligible to vote and be elected. Each such
member shall be elected to a term ending on the first day in the month of
December of the third following year. Until December 1, 2001, the position
created under this subsection (d-1) may be filled by the board as in the case
of a vacancy.
(e) Beginning December 1, 1988, if a Forest Preserve District Employees'
Annuity and Benefit Fund shall be in force in such county and the board of
this fund is charged with administering the affairs of such annuity and
benefit fund for employees of such forest preserve district, a forest
preserve district member of the board shall be elected as of December 1, 1988,
and every 3 years thereafter as follows: the board shall arrange for and
hold an election in which only those employees of such forest preserve
district who are contributors to the annuity and benefit fund for employees
of such forest preserve district shall be eligible to vote and be elected.
Each such member shall be elected to a term ending on the first day in the
month of December of the third following year.
(f) Beginning December 1, 2001, and every 3 years thereafter, if a Forest
Preserve District Employees' Annuity and Benefit Fund is in force in the
county and the board of this Fund is charged with administering the affairs of
that annuity and benefit fund for employees of the forest preserve district,
a forest preserve district annuitant member of the board shall be elected as
follows: the board shall arrange for and hold an election in which only those
participants who are currently receiving retirement benefits under Article 10
shall be eligible to vote and be elected. Each such member shall be elected to
a term ending on the first day in the month of December of the third following
year. Until December 1, 2001, the position created under this subsection (f)
may be filled by the board as in the case of a vacancy.
(Source: P.A. 103-529, eff. 8-11-23.)
|
(40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186)
Sec. 9-186.
Board elections.
In each year, the board shall conduct a
regular election, under rules adopted by it, at least 30 days prior to the
expiration of the term of each elected employee or annuitant member.
To be eligible to be a county employee member, a person must be an
employee of the county and must have at least 5 years of service credit in
that capacity by December 1 of the year of election. To be eligible to be
a forest preserve district member, a person must be an employee of the
forest preserve district and must have at least 5 years of service credit
in that capacity by December 1 of the year of election.
Only those persons who are employees of the county shall be eligible to vote
for the 3 county employee members, only those persons who are employees of the
forest preserve district shall be eligible to vote for the forest preserve
district member, only those persons who are currently receiving
retirement benefits under this Article shall be eligible to
vote
for the annuitant members elected under subsections (d) and (d-1) of Section
9-185, and only those persons who are currently receiving retirement benefits
under Article 10 shall be eligible to vote for the forest preserve district
annuitant member elected under subsection (f) of Section 9-185. The
ballot shall be of secret character.
Except as otherwise provided in Section 9-187, each member of the board
shall hold office until his successor is chosen and has qualified.
Any person elected or appointed a member of the board shall qualify
for the office by taking an oath of office to be administered by the county
clerk or a person designated by him. A copy thereof shall be kept in the
office of the county clerk. Any appointment or notice of election shall be
in writing and the written instrument shall be filed with the oath.
(Source: P.A. 92-66, eff. 7-12-01.)
|
(40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187)
Sec. 9-187.
Board vacancy.
(a) A vacancy in the membership of the board shall be filled as follows:
If the vacancy is that of an appointive member, the official who
appointed him shall appoint a person to serve for the unexpired term.
If the vacancy is that of a county employee member, the remaining members of
the board shall appoint a successor from among the employees of the county,
who shall serve during the remainder of the unexpired term.
If the vacancy is that of a forest preserve district member, the remaining
members of the board shall appoint a successor from among the employees of
the forest preserve district, who shall serve during the remainder of the
unexpired term.
If the vacancy is that of an annuitant member other than a forest preserve
district annuitant member, the remaining members of the board shall appoint
a successor from among those persons who are currently receiving retirement benefits under this Article.
If the vacancy is that of a forest preserve district annuitant member,
the remaining members of the board shall appoint a successor from among those
persons who are currently receiving retirement benefits under Article 10.
(b) Any county or forest preserve district member who withdraws from
service shall automatically cease to be a member of the board. Any annuitant
member (other than a forest preserve district annuitant member) whose
retirement benefits cease under this Article, and any
forest preserve district annuitant member whose retirement benefits cease under
Article 10, shall also automatically cease to be a member of the Board.
(Source: P.A. 92-66, eff. 7-12-01.)
|
(40 ILCS 5/9-188) (from Ch. 108 1/2, par. 9-188)
Sec. 9-188.
Board officers.
The board shall elect annually at its regular December meeting from
among its members, by a majority vote of the members voting on the
question, a president, vice-president and a secretary who shall serve,
respectively, until a successor is elected. The secretary shall keep a
complete record of the proceedings of all board meetings and perform such
other duties as the board directs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-189) (from Ch. 108 1/2, par. 9-189)
Sec. 9-189.
Board meetings.
The board shall hold regular meetings in each
month and special meetings as it deems necessary. A majority of the members
shall constitute a quorum for the transaction of business at any meeting,
but no annuity or benefit shall be granted or payments made by the fund
unless ordered by a vote of the majority of the board members as shown by
roll call entered upon the official record of the meeting. Meetings of the
board shall be open to the public.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-190) (from Ch. 108 1/2, par. 9-190)
Sec. 9-190. Board powers and duties. The board shall have the powers and duties stated in Sections 9-191 to
9-202.1, inclusive, in addition to such other powers and duties provided in
this Article.
(Source: P.A. 98-551, eff. 8-27-13.)
|
(40 ILCS 5/9-191) (from Ch. 108 1/2, par. 9-191)
Sec. 9-191.
To supervise collections.
To see that all amounts specified in this Article to be applied to the
fund, from any source, are collected and applied.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-192) (from Ch. 108 1/2, par. 9-192)
Sec. 9-192.
To notify of deductions.
To notify the comptroller of the county of the deductions to be made
from the salaries of employees.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-193) (from Ch. 108 1/2, par. 9-193)
Sec. 9-193.
To accept gifts.
To accept by gift, grant, bequest or otherwise any money or property of
any kind and use the same for the purposes of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-194) (from Ch. 108 1/2, par. 9-194)
Sec. 9-194.
To invest the reserves.
To invest the reserves of the
fund in accordance with Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111,
1-114, and 1-115 of this Act. Investments made in accordance with Section
1-113 shall be deemed to be prudent.
The retirement board may sell any security held by it at any time it
deems it desirable.
The board may enter into agreements and execute documents that it
determines to be necessary to complete any investment transaction.
All investments shall be clearly held and accounted for to indicate
ownership by the board. The board may direct the registration of securities
in its own name or in the name of a nominee created for the express purpose
of registration of securities by a savings and loan association or national
or State bank or trust company authorized to conduct a trust business in the
State of Illinois.
Investments shall be carried at cost or at a value determined in
accordance with generally accepted accounting principles.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/9-194.1) (from Ch. 108 1/2, par. 9-194.1)
Sec. 9-194.1.
To lend securities.
The Board may lend securities owned
by the Fund to a borrower upon such terms and conditions as may be mutually
agreed in writing. The agreement shall provide that during the period of
the loan the Fund shall retain the right to receive, or collect from the
borrower, all dividends, interest rights, or any distributions to which the
Fund would have otherwise been entitled. The borrower shall deposit with
the Fund as collateral for the loan cash, U.S. Government securities, or
letters of credit equal to the market value of the securities at the time
the loan is made and shall increase the amount of collateral if and when
the Fund requests an additional amount because of subsequent increased
market value of the securities.
The period for which the securities may be loaned may not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 87-794.)
|
(40 ILCS 5/9-194.2) (from Ch. 108 1/2, par. 9-194.2)
Sec. 9-194.2.
To rent office facilities.
The Retirement Board may
rent or lease any office facilities that it deems desirable for the
purposes of the Fund.
(Source: P.A. 87-794.)
|
(40 ILCS 5/9-195) (from Ch. 108 1/2, par. 9-195)
Sec. 9-195. To have an audit. To have an audit of the accounts of the fund made at least once each
year by certified public accountants. The audit may include the preparation of the annual actuarial report required under Section 9-169.1.
(Source: P.A. 103-529, eff. 8-11-23.)
|
(40 ILCS 5/9-196) (from Ch. 108 1/2, par. 9-196)
Sec. 9-196.
To authorize payments.
To authorize or suspend the payment of any annuity or benefit in
accordance with this Article. The board shall have exclusive original
jurisdiction in all matters relating to the fund, including, in addition to
all other matters, all claims for annuities, pensions, benefits or refunds.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-197) (from Ch. 108 1/2, par. 9-197)
Sec. 9-197.
To determine service credits.
To require each employee to file a statement concerning service rendered
the county prior to the effective date. The board shall make a
determination of the length of such service and establish from any
available information the period of service rendered prior to the effective
date.
Such determination shall be conclusive unless the board reconsiders and
changes its determination.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-198) (from Ch. 108 1/2, par. 9-198)
Sec. 9-198.
To issue certificate of prior service.
To issue a certificate showing the entire period of service rendered by
a present employee prior to the effective date and the amounts to his
credit for prior service and widow's prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-199) (from Ch. 108 1/2, par. 9-199)
Sec. 9-199. To submit an annual report. To submit a report in July of each year to the county board of the
county as of the close of business on December 31st of the preceding year.
The report shall contain a detailed statement of the affairs of the fund,
its income and expenditures, and assets and liabilities, and it shall include the annual actuarial report required under Section 9-169.1. The county board shall have power to require and
compel the retirement board to prepare and submit such reports.
(Source: P.A. 103-529, eff. 8-11-23.)
|
(40 ILCS 5/9-200) (from Ch. 108 1/2, par. 9-200)
Sec. 9-200.
To subpoena witnesses.
To compel witnesses to attend and testify before it upon any matter
concerning the fund and allow witness fees not in excess of $6 for
attendance upon any one day. The president and other members of the board
may administer oaths to witnesses.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-201) (from Ch. 108 1/2, par. 9-201)
Sec. 9-201.
To appoint employees.
To appoint such actuarial, medical, legal, clerical or other employees
as are necessary and fix their compensation.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-202) (from Ch. 108 1/2, par. 9-202)
Sec. 9-202.
To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-202.1) Sec. 9-202.1. To reproduce records. To have any records kept by the board photographed, microfilmed, or digitally or electronically reproduced in accordance with the Local Records Act. The photographs, microfilm, and digital and electronic reproductions shall be deemed original records and documents for all purposes, including introduction in evidence before all courts and administrative agencies.
(Source: P.A. 98-551, eff. 8-27-13.) |
(40 ILCS 5/9-203) (from Ch. 108 1/2, par. 9-203)
Sec. 9-203.
Moneys to be held on deposit.
To make the payments authorized by this Article, the board may keep and
hold uninvested a sum not in excess of the amounts required to make all
annuity payments which become due and payable in the following 90 days.
Such sum or any part thereof shall be kept on deposit only in banks or
savings and loan associations authorized to do business under the laws
of this State. The amount which may be deposited in any such
bank or savings and loan association shall not exceed 25% of its paid
up capital and surplus.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
|
(40 ILCS 5/9-204) (from Ch. 108 1/2, par. 9-204)
Sec. 9-204. Accounting.
An adequate system of accounts and records shall be established to give
effect to the requirements of this Article and to report the financial condition of the fund. Such additional data as is necessary for required calculations, actuarial valuations, and operation of the fund shall be maintained.
(Source: P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-205)
Sec. 9-205. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-206)
Sec. 9-206. (Repealed).
(Source: P.A. 81-1536. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-207)
Sec. 9-207. (Repealed).
(Source: P.A. 81-1536. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-208)
Sec. 9-208. (Repealed).
(Source: P.A. 81-1536. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-209)
Sec. 9-209. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-210)
Sec. 9-210. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-211)
Sec. 9-211. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-212)
Sec. 9-212. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-213)
Sec. 9-213. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-214)
Sec. 9-214. (Repealed).
(Source: P.A. 76-1574. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-215)
Sec. 9-215. (Repealed).
(Source: P.A. 81-1536. Repealed by P.A. 95-369, eff. 8-23-07.)
|
(40 ILCS 5/9-216) (from Ch. 108 1/2, par. 9-216)
Sec. 9-216.
Treasurer of fund.
The county treasurer shall be ex-officio the treasurer and custodian
of the fund and shall furnish to the board a bond of such amount as the
board designates, which shall indemnify the board against any loss which
may result from any action or failure to act by him or any of his
agents. Fees and charges incidental to the procuring of such bond shall
be paid by the board. In addition to tax and employee contributions
constituting the fund, the treasurer
is authorized to receive and
deposit in the fund warrants issued by this State representing
deductions from the salary of the employees designated in paragraph (e)
of Section 9-108, but only for such period as they remain members of the
fund, and such other contributions of State funds as may be authorized
by law.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-217) (from Ch. 108 1/2, par. 9-217)
Sec. 9-217.
Attorney.
The chief legal officer of the county shall be the legal advisor of an
attorney for the board. If it shall deem such action necessary for the
conservation of the fund, the board may in its discretion employ another
attorney for advice or other service in relation to any particular case.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-218) (from Ch. 108 1/2, par. 9-218)
Sec. 9-218.
Computation of term of service, annual salary and salary
deductions.
For the purpose of this Article, term of service, annual salary, and
salary deductions shall be
computed as provided in Sections 9-219 to
9- 222 inclusive.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-219. Computation of service.
(1) In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and
ending on the day before the effective date, except any intervening period
during which he was separated by withdrawal from service, shall be counted
for all purposes of this Article.
(2) In computing the term of service of any employee on or after the
effective date, the following periods of time shall be counted as periods
of service for age and service, widow's and child's annuity purposes:
(a) The time during which he performed the duties of | ||
| ||
(b) Vacations, leaves of absence with whole or part | ||
| ||
(c) For an employee who is a member of a county | ||
| ||
For a former member of a county police department who | ||
| ||
For leaves of absence to which this item (c) applies | ||
| ||
(d) Any period of disability for which he received | ||
| ||
(e) For a person who first becomes an employee before | ||
| ||
(f) An employee who first becomes an employee before | ||
| ||
(3) In computing the term of service of an employee on or after the
effective date for ordinary disability benefit purposes, the following
periods of time shall be counted as periods of service:
(a) Unless otherwise specified in Section 9-157, the | ||
| ||
(b) Paid vacations and leaves of absence with whole | ||
| ||
(c) Any period for which he received duty disability | ||
| ||
(d) Any period of disability for which he received | ||
| ||
(4) For an employee who on January 1, 1958, was transferred by Act
of the 70th General Assembly from his position in a department of welfare
of any city located in the county in which this Article is in force and
effect to a similar position in a department of such county, service shall
also be credited for ordinary disability benefit and child's annuity for
such period of department of welfare service during which period he was a
contributor to a statutory annuity and benefit fund in such city and for
which purposes service credit would otherwise not be credited by virtue of
such involuntary transfer.
(5) An employee described in subsection (e) of Section 9-108 shall receive
credit for child's annuity and ordinary disability benefit for the period of
time for which he was credited with service in the fund from which he was
involuntarily separated through class or group transfer; provided, that no such
credit shall be allowed to the extent that it results in a duplication of
credits or benefits, and neither shall such credit be allowed to the extent
that it was or may be forfeited by the application for and acceptance of a
refund from the fund from which the employee was transferred.
(6) Overtime or extra service shall not be included in computing
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
(7) Unused sick or vacation time shall not be used to
compute the service of an employee who first becomes an
employee on or after the effective date of this amendatory Act
of the 98th General Assembly. (Source: P.A. 97-651, eff. 1-5-12; 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-219. Computation of service.
(1) In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and
ending on the day before the effective date, except any intervening period
during which he was separated by withdrawal from service, shall be counted
for all purposes of this Article.
(2) In computing the term of service of any employee on or after the
effective date, the following periods of time shall be counted as periods
of service for age and service, widow's and child's annuity purposes:
(a) The time during which he performed the duties of | ||
| ||
(b) Vacations, leaves of absence with whole or part | ||
| ||
(c) For an employee who is a member of a county | ||
| ||
For a former member of a county police department who | ||
| ||
For leaves of absence to which this item (c) applies | ||
| ||
(d) Any period of disability for which he received | ||
| ||
(e) Accumulated vacation or other time for which an | ||
| ||
(f) An employee may receive service credit for | ||
| ||
(3) In computing the term of service of an employee on or after the
effective date for ordinary disability benefit purposes, the following
periods of time shall be counted as periods of service:
(a) Unless otherwise specified in Section 9-157, the | ||
| ||
(b) Paid vacations and leaves of absence with whole | ||
| ||
(c) Any period for which he received duty disability | ||
| ||
(d) Any period of disability for which he received | ||
| ||
(4) For an employee who on January 1, 1958, was transferred by Act
of the 70th General Assembly from his position in a department of welfare
of any city located in the county in which this Article is in force and
effect to a similar position in a department of such county, service shall
also be credited for ordinary disability benefit and child's annuity for
such period of department of welfare service during which period he was a
contributor to a statutory annuity and benefit fund in such city and for
which purposes service credit would otherwise not be credited by virtue of
such involuntary transfer.
(5) An employee described in subsection (e) of Section 9-108 shall receive
credit for child's annuity and ordinary disability benefit for the period of
time for which he was credited with service in the fund from which he was
involuntarily separated through class or group transfer; provided, that no such
credit shall be allowed to the extent that it results in a duplication of
credits or benefits, and neither shall such credit be allowed to the extent
that it was or may be forfeited by the application for and acceptance of a
refund from the fund from which the employee was transferred.
(6) Overtime or extra service shall not be included in computing
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
(Source: P.A. 97-651, eff. 1-5-12.)
|
(40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-220. Basis of service credit.
(a) In computing the period of service of any employee for annuity
purposes under Section 9-134, the following provisions shall govern:
(1) All periods prior to the effective date shall be | ||
| ||
(2) Service on or after the effective date shall | ||
| ||
(i) The actual period of time the employee | ||
| ||
(ii) Leaves of absence from duty, or vacation, | ||
| ||
(iii) For a person who first becomes an employee | ||
| ||
(iv) For a person who first becomes an employee | ||
| ||
(v) Periods during which the employee has had | ||
| ||
(vi) Periods during which the employee receives a | ||
| ||
(vii) For any person who first becomes a member | ||
| ||
(3) The right to have certain periods of time | ||
| ||
(4) All service shall be computed in whole calendar | ||
| ||
(5) Unused sick or vacation time shall not be used to | ||
| ||
(b) For all other annuity purposes of this Article the following
schedule shall govern the computation of a year of service of an
employee whose salary or wages is on the basis stated, and any
fractional part of a year of service shall be determined according to
said schedule:
Annual or Monthly Basis: Service during 4 months in any 1 calendar
year;
Weekly Basis: Service during any 17 weeks of any 1 calendar year, and
service during any week shall constitute a week of service;
Daily Basis: Service during 100 days in any 1 calendar year, and
service during any day shall constitute a day of service;
Hourly Basis: Service during 800 hours in any 1 calendar year, and
service during any hour shall constitute an hour of service.
(Source: P.A. 98-599, eff. 6-1-14.) (Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-220. Basis of service credit.
(a) In computing the period of service of any employee for annuity
purposes under Section 9-134, the following provisions shall govern:
(1) All periods prior to the effective date shall be | ||
| ||
(2) Service on or after the effective date shall | ||
| ||
(i) The actual period of time the employee | ||
| ||
(ii) Leaves of absence from duty, or vacation, | ||
| ||
(iii) Accumulated vacation or other time for | ||
| ||
(iv) Accumulated sick leave as of the date of the | ||
| ||
(v) Periods during which the employee has had | ||
| ||
(vi) Periods during which the employee receives a | ||
| ||
(vii) For any person who first becomes a member | ||
| ||
(3) The right to have certain periods of time | ||
| ||
(4) All service shall be computed in whole calendar | ||
| ||
(b) For all other annuity purposes of this Article the following
schedule shall govern the computation of a year of service of an
employee whose salary or wages is on the basis stated, and any
fractional part of a year of service shall be determined according to
said schedule:
Annual or Monthly Basis: Service during 4 months in any 1 calendar
year;
Weekly Basis: Service during any 17 weeks of any 1 calendar year, and
service during any week shall constitute a week of service;
Daily Basis: Service during 100 days in any 1 calendar year, and
service during any day shall constitute a day of service;
Hourly Basis: Service during 800 hours in any 1 calendar year, and
service during any hour shall constitute an hour of service.
(Source: P.A. 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/9-220.1)
Sec. 9-220.1.
Service of less than 15 days in one month.
A member of the
General Assembly with service credit in the Fund may establish service credit
in the Fund for up to 24 months, during each of which he or she worked for at
least one but fewer than 15 days, by purchasing service credit for the number
of days needed to bring the total of days worked in each such month up to 15.
To establish this credit, the member must pay to the Fund before January 1,
1998 an amount equal to (1) employee contributions based on the number of days
for which credit is being purchased, the rate of compensation received by the
applicant for the time actually worked during that month, and the rate of
contribution in effect for the applicant during that month; plus (2) an amount
representing employer contributions, equal to the amount specified in item (1);
plus (3) interest on the amounts specified in items (1) and (2) at the rate of
6% per annum, compounded annually, from the date of service to the date of
payment. This Section is not limited to persons in service under this Article
on or after the effective date of this amendatory Act of 1997.
(Source: P.A. 90-511, eff. 8-22-97.)
|
(40 ILCS 5/9-221)
Sec. 9-221. (Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 98-551, eff. 8-27-13.)
|
(40 ILCS 5/9-222) (from Ch. 108 1/2, par. 9-222)
Sec. 9-222.
Basis of salary deduction.
The total of salary deductions for employee contributions for annuity
purposes to be considered for any 1 calendar year shall not exceed that
produced by the application of the proper salary deduction
rates to the
highest annual salary considered for annuity purposes for such year.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-223) (from Ch. 108 1/2, par. 9-223)
Sec. 9-223.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
as now enacted or hereafter amended, is hereby adopted and made a part of
this Article; provided, that where there is a direct conflict in the
provisions of such Act and the specific provisions of this Article such
latter provisions shall prevail.
(Source: P.A. 86-272.)
|
(40 ILCS 5/9-224) (from Ch. 108 1/2, par. 9-224)
Sec. 9-224.
Employees in territory annexed.
Whenever territory is annexed to the county, any person then employed as
a county employee in the annexed territory, who shall be employed by the
county on the date of the annexation shall automatically come under this
Article, and any service rendered for the annexed territory shall be
considered, for the purpose of this Article, as service rendered to the
county.
Such employee shall be treated, as of the date such annexation comes
into effect, as a present employee of the county on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-225) (from Ch. 108 1/2, par. 9-225)
Sec. 9-225.
County pension fund superseded.
The fund herein provided for on the effective date shall supersede and
take the place of and have transferred to it the assets of any county
pension fund as herein defined in operation in the county, and the fund
herein provided for shall be a continuation of such county pension fund.
All annuities, pensions and other benefits allowed prior to the
effective date by the board of trustees of such County Pension Fund and all
claims pending or ungranted on the effective date which thereafter are
allowed according to the law establishing such County Pension Fund by the
board herein provided for, shall be paid by the board from the fund herein
provided for, according to the law or laws under which such annuities,
pensions, or other benefits were allowed.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-226) (from Ch. 108 1/2, par. 9-226)
Sec. 9-226.
Employees serving county and forest preserve district.
In any forest preserve district created by "An Act to provide for the
creation and management of forest preserve districts and repealing certain
acts therein named", approved June 27, 1913, as amended, whose employees
are covered by an annuity and benefit fund of which the retirement board of
the fund created by this Article is ex-officio the retirement board of the
fund provided for employees of such forest preserve district, the following
provisions shall apply where such employees render service to both the
county and such forest preserve district:
(a) Any person who shall be a contributor to the annuity and benefit
fund provided for employees of such forest preserve district who withdraws
from the service of such district, and becomes employed by such county,
shall become a contributor to the fund herein provided for, with the same
rights as he would have in the annuity and benefit fund pertaining to such
district. All sums to the credit of such employee in the annuity and
benefit fund pertaining to such forest preserve district shall be
transferred to the annuity and benefit fund for the county, to be used for
the benefit of the employee, and such employee shall thereupon cease to
have any rights in the fund provided for employees of such district.
(b) If any county employee who is on leave of absence from the service
of such county becomes employed by such forest preserve district, the
retirement board shall cause deductions to be made from his salary and such
deductions shall be credited to him in this fund to be used for the purpose
hereof. Contributions on behalf of such employee shall be made by such
county, on the same basis as if such service for such forest preserve
district had been rendered to such county, and the employee shall have the
same rights in this fund while such service is being rendered for such
forest preserve district as if it had been rendered to such county.
(c) Any person employed by such county on July 6, 1937, who was employed
by such forest preserve district prior to such date, who shall become a
contributor to this fund shall be entitled to prior service credit in this
fund for all service rendered by such employee to such forest preserve
district prior to such date.
Except as provided in this section, no person classified as an employee
of such county shall become classified as an employee of such forest
preserve district for any purpose of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-227) (from Ch. 108 1/2, par. 9-227)
Sec. 9-227.
Employees of Cook County School of Nursing-credits.
(a) Any person who was in the employ of the Cook County School of
Nursing on July 1, 1947, who becomes included within the provisions of this
Article shall be credited in his account as follows:
Contributions by the county for prior service annuity, widow's prior
service annuity, age and service annuity and widow's annuity for all
periods of time during which he was an employee of such county or such
School of Nursing or its predecessor schools for which he has not received
such credits. Such contributions shall be at the same rates as were in
effect for employees under "The 1925 Act" during such periods of time,
and shall bear interest at 4% per annum in the same manner as in the case
of any other employee, and shall, together with all other amounts
contributed by or for such employee for annuity purposes, be considered in
computing the annuity for such employee or his widow.
Any period of employment for which credit is hereby provided shall also
be counted as service for all other purposes of this Article, and any other
county employee in the service on July 1, 1947, shall receive like credits
for service theretofore rendered such schools.
(b) Any such employee may elect to make additional contributions to the
fund equal to the sum which, including interest at 4% per annum, would as
of the date he became a contributor have accumulated to his credit for age
and service annuity and widow's annuity had deductions from his salary been
made throughout his entire period of service for which county contributions
are hereinbefore in this section provided. Any such additional
contributions shall be improved at interest in the same manner as regular
salary deductions and shall, together with all other amounts contributed by
such employee for age and service and widow's annuity, be considered as
deductions from salary for age and service annuity, widow's annuity and
refund purposes.
The time and manner in which such additional contributions may be made
shall be prescribed by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-228) (from Ch. 108 1/2, par. 9-228)
Sec. 9-228. Attachment; withholding.
(a) The annuities, pensions, refunds, and disability benefits granted
under this Article shall be exempt from attachment or garnishment process
and shall not be seized, taken, subjected to, detained, or levied upon by
virtue of any judgment, or any process or proceeding whatsoever issued out
of or by any court in this State, for the payment and satisfaction in whole
or in part of any debt, damage, claim, demand, or judgment against any
annuitant, pensioner, person entitled to a refund, or other beneficiary
hereunder.
(b) No annuitant, pensioner, person entitled to a refund, or other
beneficiary shall have any right to transfer or assign his annuity or
disability benefit or any part thereof by way of mortgage or otherwise
except that an annuitant or a widow annuitant who elects to participate in
any group hospitalization plan or group medical surgical plan shall have
the right to authorize the Board to deduct the cost to him of such plan
from the annuity check and to pay such deducted amount to the group
insurance carrier, provided, however, that the Board in its discretion may
terminate such right; provided, that the board in its discretion may pay to
the wife of any annuitant, pensioner, refund applicant, or disability
beneficiary such an amount out of her husband's annuity, pension, refund,
or disability benefit as any court may order, or such an amount as the
board may consider necessary for the support of his wife or children or
both in the event of his disappearance or unexplained absence or his
failure to support such wife or children.
(c) The board may retain out of any future annuity, pension, refund or
disability benefit payments, such amount, or amounts, as it may require for
the repayment of any moneys paid to any annuitant, pensioner, refund
applicant, or disability beneficiary through misrepresentation, fraud or
error. Any such action of the board shall relieve and release the board and
the fund from any liability for any moneys so withheld.
(d) Whenever an annuity, pension, refund, or disability benefit is
payable to a minor or to a person adjudged to be under legal disability,
the board, in its discretion and when to the best interest of the person
concerned, may waive guardianship proceedings and pay the annuity, pension,
refund or benefit to the person providing or caring for the minor and to
the wife, parent or blood relative providing or caring for the person.
In the event that a person certified by a medical doctor to be under legal disability (i) has no spouse, blood relative, or other person providing or caring for him or her, (ii) has no guardian of his or her estate, and (iii) is confined to a Medicare-certified, State-licensed nursing home or to a publicly owned and operated nursing home, hospital, or mental institution, the Board may pay any benefit due that person to the nursing home, hospital, or mental institution, to be used for the sole benefit of the person under legal disability. Payment in accordance with this subsection to a person, nursing home, hospital, or mental institution for the benefit of a minor or person under legal disability shall be an absolute discharge of the Fund's liability with respect to the amount so paid. Any person, nursing home, hospital, or mental institution accepting payment under this subsection shall notify the Fund of the death or any other relevant change in the status of the minor or person under legal disability. (e) An annuitant may authorize the withholding of a portion of his
annuity for payment of dues to any labor organization designated by the
annuitant; however, no portion of annuities may be withheld pursuant to
this subsection for payment to any one labor organization unless a minimum
of 100 annuitants authorize such withholding, except that the Board may
allow such withholding for less than 100 annuitants during a probationary
period of between 3 and 6 months, as determined by the Board. The Board
shall prescribe a form for the authorization of such withholding, and shall
provide such forms to employees, annuitants and labor organizations upon
request. Amounts withheld by the Board under this subsection shall be
promptly paid over to the designated organizations.
Any such labor organization shall have access to the Fund's mailing list
of annuitants, upon such terms as the Board may approve. The expenses of
any mailing conducted by the labor organization shall be borne by the labor
organization.
(Source: P.A. 100-794, eff. 8-10-18.)
|
(40 ILCS 5/9-229) (from Ch. 108 1/2, par. 9-229)
Sec. 9-229.
Board members-no compensation.
No member of the board shall receive any moneys from the fund as salary
for service performed as a member of the board or as an employee of the
board. Any employee member shall have a right to be reimbursed for any
salary withheld from him by any officer or employee of the county, because
of attendance at any meeting of the board or the performance of any other
duty in connection with the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-230) (from Ch. 108 1/2, par. 9-230)
Sec. 9-230.
No commissions on investments.
No member of the board, and no person officially connected with the
board, as employee, legal advisor, custodian of the fund, or otherwise
shall have any right to receive any commission or other remuneration on
account of any investment made by the board, nor shall any such person act
as the agent of any other person concerning any such investment.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-231) (from Ch. 108 1/2, par. 9-231)
Sec. 9-231.
Duties of county officers.
The proper officers of the county and of the retirement board without
cost to the fund, shall:
(a) Deduct all sums required to be deducted from the
salaries of
employees, and pay such sums to the board in such manner as the board
shall specify;
(b) Furnish the board on the first day of each month information
regarding the employment of any employees, and of all discharges,
resignations and suspensions from the service, deaths, and changes in
salary which have occurred during the preceding month, with the dates
thereof;
(c) Procure for the board, in such form as the board specifies, all
information on the employees as to the service, age, salary, residence,
marital status, and data concerning their dependents, including
information relating to the service rendered by the employee prior to
the effective date;
(d) Keep such records concerning employees as the board may
reasonably require and shall specify.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-232) (from Ch. 108 1/2, par. 9-232)
Sec. 9-232.
Age of employee.
For any employee who has filed an application for appointment to the
service of the county, the age stated therein shall be conclusive evidence
against the employee of his age for the purposes of this Article, but the
board may decide any claim for any annuity, disability benefit, refund or
payment according to the age of the employee as shown by other evidence
satisfactory to it.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-233) (from Ch. 108 1/2, par. 9-233)
Sec. 9-233.
Office facilities.
Suitable rooms for office and meetings of the board shall be assigned by
the sheriff of the county.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-234) (from Ch. 108 1/2, par. 9-234)
Sec. 9-234.
Compliance with article.
All officers, officials, and employees of the county shall perform any
and all acts required to carry out the intent and purposes of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
Sec. 9-235. Felony conviction.
None of the benefits provided in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants entering service after July 11, 1955, shall be
deemed to have consented to the provisions of this section as a condition
of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/9-236) (from Ch. 108 1/2, par. 9-236)
Sec. 9-236.
Administrative review.
The provisions of the Administrative
Review Law, and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the board provided for
under this Article. The term "administrative decision" is as defined in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
|
(40 ILCS 5/9-237) (from Ch. 108 1/2, par. 9-237)
Sec. 9-237.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/9-238) (from Ch. 108 1/2, par. 9-238)
Sec. 9-238.
Employees of county department of public aid who transfer
to state employment-preservation of rights.
Employees of a County Department of Public Aid in counties of
3,000,000 or more population who transfer to the employment of the State
in positions of comparable or substantially similar responsibilities or
duties shall retain their earned and accrued rights and benefits
established under this Article if they do not receive a refund of
their contributions hereunder.
Such employees who on the effective date of the transfer are
recipients of any disability benefit hereunder shall continue to receive
their benefit from the fund established under this Article.
If, after such transfer, an employee becomes disabled or dies under
circumstances which would have qualified him or any beneficiaries
claiming through him for disability, death, widow's, or survivorship
benefits payable under this Article had such transfer of employment not
occurred, where such benefits are not payable under Article 14 or under
the reciprocal provisions of Article 20, the employee or his
beneficiaries shall be entitled to the benefits prescribed in this
Article 9 from the fund established hereunder.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/9-239) (from Ch. 108 1/2, par. 9-239)
Sec. 9-239.
Group Health Benefit.
(a) For the purposes of this Section, "annuitant" means a person
receiving an age and service annuity, a prior service annuity, a widow's
annuity, a widow's prior service annuity, a minimum annuity, or a child's
annuity on or after January 1, 1990, under Article 9 or 10 by reason of
previous employment by Cook County or the Forest Preserve District of Cook
County (hereinafter, in this Section, "the County").
(b) Beginning December 1, 1991, the Fund may pay, on behalf of each of
the Fund's annuitants who chooses to participate in any of the county's
health care plans, all or any portion of the total health care
premium (including coverage for other family members) due from each such
annuitant.
(c) The difference between the required monthly premiums for such
coverage and the amount paid by the Fund may be deducted from the
annuitant's annuity if the annuitant so elects; otherwise such coverage
shall terminate and the obligation of the Fund shall also terminate.
(d) Amounts contributed by the county as authorized under Section 9-182
for the benefits set forth in this Section shall be credited to the reserve
for group hospital care and all such premiums shall be charged to it.
(e) The group coverage plan and benefits described in this Section are
not and shall not be construed to be pension or retirement benefits for
purposes of Section 5 of Article XIII of the Illinois Constitution of 1970.
(Source: P.A. 86-1025; 87-794.)
|
(40 ILCS 5/9-240) Sec. 9-240. Group health benefit funding. Beginning on the effective date of this amendatory Act of the 103rd General Assembly, the county shall be notified by June 14 of each year of the proposed costs of any such payments allocated by the Fund for all or any portion of the total health premium paid by the Fund pursuant to Section 9-239.
(Source: P.A. 103-529, eff. 8-11-23.) |
(40 ILCS 5/9-241) Sec. 9-241. Mistake in benefit. If the Fund mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered. If the benefit was mistakenly set too low, the Fund shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid, without interest. If the benefit was mistakenly set too high, the Fund may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient, without interest. If the overpayment is recovered by deductions from the remaining benefits payable to the recipient, the monthly deduction shall not exceed 10% of the corrected monthly benefit unless otherwise indicated by the recipient. However, if (1) the amount of the benefit was mistakenly set too high, and (2) the error was undiscovered for 3 years or longer, and (3) the error was not the result of incorrect information supplied by the employer, the affected participant, or any beneficiary, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit need not repay to the Fund the excess amounts received in error. This Section applies to all mistakes in benefit calculations that occur before, on, or after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-578, eff. 7-15-16.) |
(40 ILCS 5/Art. 10 heading) ARTICLE 10.
FOREST PRESERVE DISTRICT EMPLOYEES' ANNUITY AND BENEFIT FUND
|
(40 ILCS 5/10-101) (from Ch. 108 1/2, par. 10-101)
Sec. 10-101.
Creation of fund.
In forest preserve districts, the boundaries of which are coextensive
with the boundaries of a county in which an annuity and benefit fund is
created and set apart and is maintained and administered for county
employees under Article 9 of this Code, a forest preserve district
employees' annuity and benefit fund shall be created, set apart, maintained
and administered for the employees of the forest preserve district, in the
same manner as the fund created and set apart, maintained and administered
for such county employees.
The fund herein created may be referred to as the fund.
The term "district" means a forest preserve district as above described.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/10-102) (from Ch. 108 1/2, par. 10-102)
Sec. 10-102.
Board created.
The retirement board of the county employees' annuity and benefit fund
constituted in Article 9 of this Code is ex officio the retirement board
for the forest preserve district employees' annuity and benefit fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/10-103) (from Ch. 108 1/2, par. 10-103)
Sec. 10-103. Members, contributions and benefits. The board shall cause the same deductions to be made
from salaries
and, subject to Section 10-109, allow the same annuities, refunds and benefits for employees of the
district as are made and allowed for employees of the county.
(Source: P.A. 95-1036, eff. 2-17-09.)
|
(40 ILCS 5/10-103.1) (from Ch. 108 1/2, par. 10-103.1)
Sec. 10-103.1.
This Article does not apply to any person who becomes an
employee after June 30, 1979 as a public service employment program participant
under the Federal Comprehensive Employment and Training Act and whose wages
or fringe benefits are paid in whole or in part by funds provided under such Act.
(Source: P.A. 81-39.)
|
(40 ILCS 5/10-104) (from Ch. 108 1/2, par. 10-104)
Sec. 10-104.
Prior county service.
Any person employed by the county prior to July 1, 1935, who on such
date is an employee of the forest preserve district and becomes a
contributor to the fund, shall receive prior service credit accumulations
and credit for years of service in the fund, for all such service by him to
the county.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/10-104.1) (from Ch. 108 1/2, par. 10-104.1)
Sec. 10-104.1.
(a) Any active member of the General Assembly Retirement
System may apply for transfer of his credits and creditable service accumulated
under this fund to the General Assembly System. Such credits and creditable
service shall be transferred forthwith. Payment by this Fund to the General
Assembly Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding
any additional or optional credits, which credits shall be refunded to the
applicant; and
(2) municipality credits computed and credited under this Article including
interest, on the books of the Fund on the date the member terminated service
under the Fund. Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the General Assembly who has service credits and
creditable service under the Fund may establish additional service credits
and creditable service for periods during which he was an elected official
and could have elected to participate but did not so elect. Service credits
and creditable service may be established by payment to the fund of an amount
equal to the contributions he would have made if he had elected to participate,
plus interest to the date of payment.
(c) An active member of the General Assembly may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(Source: P.A. 80-1419; 80-1438.)
|
(40 ILCS 5/10-104.2) (from Ch. 108 1/2, par. 10-104.2)
Sec. 10-104.2.
Validation of service credits.
An active member of
the General Assembly having no service credits or creditable service in
the Fund, may establish service credit and creditable service for
periods during which he was an employee of an employer in an elective
office and could have elected to participate in the Fund but did not so
elect. Service credits and creditable service may be established by
payment to the Fund of an amount equal to the contributions he would
have made if he had elected to
participate plus interest to the date of
payment, together with a like amount as the applicable municipality
credits including interest, but the total period of such creditable
service that may be validated shall not exceed 8 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/10-104.3) (from Ch. 108 1/2, par. 10-104.3)
Sec. 10-104.3.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly System
under Section 2-117.1 may not participate in the Fund for the duration of
such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/10-104.4) (from Ch. 108 1/2, par. 10-104.4)
Sec. 10-104.4.
Transfer of creditable service to Article 8, 9 or 13
Fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the
people who is a participant in the pension fund established under Article 9
of this Code, and any elected sanitary district commissioner who is a
participant in a pension fund established under Article 13 of this Code,
may apply for transfer of his credits and creditable service accumulated
under this Fund to such Article 8, 9 or 13 fund. Such creditable
service shall be transferred forthwith. Payment by this Fund to the
Article 8, 9 or 13 fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) employer contributions computed by the Board and | ||
| ||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary
district commissioner who has credits and creditable service under the
Fund may establish additional credits and creditable service for periods during
which he
could have elected to participate but did not so elect.
Credits and creditable service may be established by payment to the
Fund of an amount equal to the contributions he would have made if he had
elected to participate, plus interest to the date of payment.
(c) Any such elected city officer, county officer or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by payment to the
Fund of the amount of the separation benefit plus interest thereon to the
date of payment.
(Source: P.A. 85-964; 86-1488.)
|
(40 ILCS 5/10-104.5) Sec. 10-104.5. Alternative retirement cancellation payment. (a) To be eligible for the alternative retirement cancellation payment provided in this Section, a person must: (1) be a member of this Fund who, on December 31, | ||
| ||
(2) have not previously received any retirement | ||
| ||
(3) file with the Board on or before 45 days after | ||
| ||
(4) terminate employment under this Article no later | ||
| ||
(5) if there is a QILDRO in effect against the | ||
| ||
(b) In lieu of any retirement annuity or other benefit provided under this Article, a person who qualifies for and elects to receive the alternative retirement cancellation payment under this Section shall be entitled to receive a one-time lump sum retirement cancellation payment equal to the amount of his or her contributions to the Fund (including any employee contributions for optional service credit and including any employee contributions paid by the employer or credited to the employee during disability) on the date of termination, with regular interest, multiplied by 1.5. (c) Notwithstanding any other provision of this Article, a person who receives an alternative retirement cancellation payment under this Section thereby forfeits the right to any other retirement or disability benefit or refund under this Article, and no widow's, survivor's, or death benefit deriving from that person shall be payable under this Article. Upon accepting an alternative retirement cancellation payment under this Section, the person's creditable service and all other rights in the Fund are terminated for all purposes. (d) To the extent permitted by federal law, a person who receives an alternative retirement cancellation payment under this Section may direct the Fund to pay all or a portion of that payment as a rollover into another retirement plan or account qualified under the Internal Revenue Code of 1986, as amended. (e) Notwithstanding any other provision of this Article, a person who has received an alternative retirement cancellation payment under this Section and who reenters service under this Article must first repay to the Fund the amount by which that alternative retirement cancellation payment exceeded the amount of his or her refundable employee contributions with interest of 6% per annum. For the purposes of re-establishing creditable service that was terminated upon election of the alternative retirement cancellation payment, the portion of the alternative retirement cancellation payment representing refundable employee contributions shall be deemed a refund repayable together with interest at the effective rate from the application date of such refund to the date of repayment. (f) No individual who receives an alternative retirement cancellation payment under this Section may return to active payroll status within 365 days after separation from service to the employer.
(Source: P.A. 95-369, eff. 8-23-07; 95-876, eff. 8-21-08.) |
(40 ILCS 5/10-105) (from Ch. 108 1/2, par. 10-105)
Sec. 10-105.
Employment of former county employees.
A contributor to and participant in the annuity and benefit fund
provided for employees of such county, who resigns or is discharged from
the county service, and thereafter is employed by the district, shall, upon
the date of entering the employ of the district, become a contributor to
and participant in the fund, with the same status he would have had in the
county annuity and benefit fund if he had become a re-entrant into the
service of the county on that date. The board shall transfer all sums to
his credit in the county annuity and benefit fund to the fund, to be used
therein for his benefit. The employee shall thereupon cease to have any
rights in the county annuity and benefit fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/10-106) (from Ch. 108 1/2, par. 10-106)
Sec. 10-106.
Employees with county while on leave from district.
If an employee on leave of absence from the service of the district is
employed by the county, the board shall cause deductions to be made from
his salary on the same basis as if he were employed by the district. The
sums so deducted shall be placed in the fund to be used for the benefit of
the employee.
Contributions on behalf of the employee shall be made by the forest
preserve district, and placed in the fund on the same basis as if the
service for the county had been rendered the district. The employee shall
have the same rights in the fund while such service is being rendered for
the county and after the service is terminated as if the service was
rendered for the district.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/10-107) (from Ch. 108 1/2, par. 10-107)
Sec. 10-107. Financing; tax levy. (a) The forest preserve district may
levy an annual tax on the value, as equalized or assessed by the
Department of Revenue, of all taxable property in the
district for the purpose of providing revenue for the fund. The rate of
such tax in any year may not exceed the rate herein specified for that
year or the rate which will produce, when extended, the sum herein
stated for that year, whichever is higher: for any year prior to 1970,
.00103% or $195,000; for the year 1970, .00111% or $210,000; for the
year 1971, .00116% or $220,000. For the year 1972 and each year
thereafter through levy year 2022, the Forest Preserve District shall levy a tax annually at a
rate on the dollar of the value, as equalized or assessed by the
Department of Revenue upon all taxable property in the
county, when extended, not to exceed an amount equal to the total amount
of contributions by the employees to the fund made in the calendar year
2 years prior to the year for which the annual applicable tax is levied,
multiplied by 1.25 for the year 1972; and by 1.30 for the year 1973 and
for each year thereafter through levy year 2022. Beginning in levy year 2023,
and in each levy year thereafter, the Forest Preserve
District shall levy a tax annually at a rate on the dollar of
the value, as equalized or assessed by the Department of
Revenue, of all taxable property within the county that will
produce, when extended, an amount equal to no less than the
amount of the Forest Preserve District's total required
contribution to the Fund for the next payment year, as
determined under subsection (b). For the purposes of this
Section, the payment year is the year immediately following
the levy year.
The tax shall be levied and collected in like manner with the general
taxes of the district and shall be in addition to the maximum of all
other tax rates which the district may levy upon the aggregate valuation
of all taxable property and shall be exclusive of and in addition to the
maximum amount and rate of taxes the district may levy for general
purposes or under and by virtue of any laws which limit the amount of
tax which the district may levy for general purposes. The county clerk
of the county in which the forest preserve district is located in
reducing tax levies under the provisions of "An Act concerning the levy
and extension of taxes", approved May 9, 1901, as amended, shall not
consider any such tax as a part of the general tax levy for forest
preserve purposes, and shall not include the same in the limitation of
1% of the assessed valuation upon which taxes are required to be
extended, and shall not reduce the same under the provisions of that
Act. The proceeds of the tax herein authorized shall be kept as a
separate fund. The forest preserve district may use other lawfully available funds in lieu of all or part of the levy.
The Board may establish a manpower program reserve, or a special
forest preserve district contribution rate, with respect to employees
whose wages are funded as program participants under the Comprehensive
Employment and Training Act of 1973 in the manner provided in subsection
(d) or (e), respectively, of Section 9-169.
(b)(1) For payment years 2024 through 2054, the Forest
Preserve District's required annual contribution to the fund
shall be the minimum required employer contribution set forth
in paragraph (3) of this subsection (b). (2) The Board shall retain an actuary who is a
member in good standing of the American Academy of Actuaries
to produce an annual actuarial report of the Fund. The annual
actuarial report shall include, but not be limited to: (i) a
statement of the actuarial value of the Fund's assets as
projected over 30 years' time and the actuarial value of the
Fund's liabilities as projected over the same period of time;
and (ii) the minimum required employer contribution for the
second year immediately following the year ending on the
valuation date upon which the annual actuarial report is
based. The annual actuarial report shall be reviewed and
formally adopted by the Board and may be included
in other annual reports. (3) The minimum required employer contribution for a
specified year as set forth in the annual actuarial report
required under paragraph (2) shall be the amount determined by
the Fund's actuary to be equal to the sum of: (i) the projected
normal cost for pensions for that fiscal year, plus (ii) a
projected unfunded actuarial accrued liability amortization
payment for pensions for the fiscal year, plus (iii) projected
expenses for that fiscal year, plus (iv) interest to adjust
for payment pattern during the fiscal year, minus (v)
projected employee contributions for that fiscal year. The
Forest Preserve District's required annual contribution to the
Fund shall not be less than the sum of: (i) the projected
normal cost for pensions for that fiscal year, plus (ii) a
projected unfunded actuarial accrued liability amortization
payment for pensions for the fiscal year, plus (iii) projected
expenses for that fiscal year, plus (iv) interest to adjust
for payment pattern during the fiscal year, minus (v)
projected employee contributions for that fiscal year. The
minimum required employer contribution shall be based on the
entry age normal cost method, a 5-year smoothed actuarial
value of assets, and a 30-year layered amortization of
unfunded actuarial accrued liability with payments increasing
at 2% per year. The unfunded actuarial accrued liability
payment schedule shall be based on the schedule initially
established in 2016 and ending in 2046. The minimum required employer contribution shall be
submitted annually by the Forest Preserve District on or
before July 31 unless another time frame is agreed upon by the
Forest Preserve District and the Fund. The methods provided in
this Section may be amended as recommended by an independent
actuary engaged by the Fund and in compliance with actuarial
standards of practice and as adopted by an affirmative vote of
a simple majority of the Board and the Forest Preserve
District Board of Commissioners. (4) For payment years after 2055, the Forest Preserve District's required annual contribution to the Fund shall be equal to the amount, if any, needed to bring the total actuarial assets of the Fund up to 100% of the total actuarial liabilities of the Fund by the end of the year. (5) To the extent that the Forest Preserve District's
contribution for any of the payment years referenced in this
subsection (b) is made with property taxes, those property
taxes shall be levied, collected, and paid to the Fund in a
like manner with the general taxes of the Forest
Preserve District. (Source: P.A. 102-210, eff. 1-1-22; 102-1131, eff. 6-1-23.)
|
(40 ILCS 5/10-107.5) Sec. 10-107.5. Delinquent contributions; deduction from payments of State funds to the district. If the district fails to transmit to the Fund contributions required of it under this Article by December 31st of the year in which such contributions are due, the Fund may, after giving notice to the district, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in payment year 2016, deduct and remit to the Fund the certified amounts from payments of State funds to the district. The State Comptroller may not deduct from any payments of State funds to the district more than the amount of delinquent payments certified to the State Comptroller by the Fund.
(Source: P.A. 99-8, eff. 7-9-15.) |
(40 ILCS 5/10-108) (from Ch. 108 1/2, par. 10-108)
Sec. 10-108.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
as now enacted or hereafter amended, is hereby adopted and made a part of
this Article; provided, that where there is a direct conflict in the
provisions of such Act and the specific provisions of this Article such
latter provisions shall prevail.
(Source: Laws 1965, p. 1182.)
|
(40 ILCS 5/10-109) Sec. 10-109. Felony conviction. None of the benefits provided in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee. None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. All future entrants entering service after the effective date of this amendatory Act of the 95th General Assembly shall be
deemed to have consented to the provisions of this Section as a condition
of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.) |
(40 ILCS 5/Art. 11 heading) ARTICLE 11.
LABORERS' AND RETIREMENT BOARD EMPLOYEES' ANNUITY AND BENEFIT
FUND--CITIES OVER 500,000 INHABITANTS
|
(40 ILCS 5/11-101) (from Ch. 108 1/2, par. 11-101)
Sec. 11-101.
Creation of fund.
In each city of more than 500,000 inhabitants a Laborers' and Retirement
Board Employees' Annuity and Benefit Fund shall be created, set apart,
maintained and administered, in the manner prescribed in this Article, for
the benefit of the laborers and retirement board employees, herein
designated, and their beneficiaries.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-102) (from Ch. 108 1/2, par. 11-102)
Sec. 11-102.
Terms defined.
The terms used in this Article have the meanings ascribed to them in
Sections 11-103 to 11-124, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-103) (from Ch. 108 1/2, par. 11-103)
Sec. 11-103.
Fund.
"Fund": The Laborers' and Retirement Board Employees' Annuity and
Benefit Fund herein created.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-104) (from Ch. 108 1/2, par. 11-104)
Sec. 11-104.
The 1935 Act.
"The 1935 Act": "An Act to provide for the creation, setting apart,
maintenance, and administration of a laborers' and retirement board
employees' annuity and benefit fund in cities having a population exceeding
two hundred thousand inhabitants", approved June 21, 1935, as amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-105) (from Ch. 108 1/2, par. 11-105)
Sec. 11-105.
Exchange of Functions Act of 1957.
"Exchange of Functions Act of 1957": "An Act in relation to an exchange
of certain functions, property and personnel among cities and park
districts having coextensive geographic areas and populations in excess of
500,000", approved July 5, 1957.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-106) (from Ch. 108 1/2, par. 11-106)
Sec. 11-106.
Civil Service Act.
"Civil Service Act": "An Act to regulate the civil service of cities",
approved March 20, 1895, as amended, superseded by the provisions of Division
1 of Article 10 of the Illinois Municipal Code, relating to civil service in cities.
(Source: P.A. 83-499.)
|
(40 ILCS 5/11-106.1) (from Ch. 108 1/2, par. 11-106.1)
Sec. 11-106.1.
"Municipal Personnel Ordinance":
In the case of a city
exercising constitutionally authorized home rule unit authority, an ordinance
of any city in which this Article is in force and effect, establishing a
substitute for and to supersede the "Civil Service Act" as the governing
employment system of such city.
(Source: P.A. 83-499.)
|
(40 ILCS 5/11-107) (from Ch. 108 1/2, par. 11-107)
Sec. 11-107.
Employer.
"Employer": A city of more than 500,000 inhabitants, the Board of
Education of such city to which this Article applies, the board of this
fund, or the retirement board
of any other annuity and benefit fund on a reserve basis in such city (one
or more employees of which have applied for participation in this fund as
provided in this Article).
(Source: P.A. 83-499.)
|
(40 ILCS 5/11-108) (from Ch. 108 1/2, par. 11-108)
Sec. 11-108.
Effective date.
"Effective Date": July 1, 1935, for any city covered by "The 1935 Act"
on the date this Article comes in effect; and the date on which any city
hereafter for the first time comes under this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-109) (from Ch. 108 1/2, par. 11-109)
Sec. 11-109.
Retirement board or board.
"Retirement board" or "board": The Retirement Board of the Laborers' and
Retirement Board Employees' Annuity and Benefit Fund created by this
Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-110) (from Ch. 108 1/2, par. 11-110)
Sec. 11-110.
Employee, contributory, contributor or participant.
"Employee", "contributory", "contributor" or "participant":
(a) Any employee of an employer in a position classified by the civil
service commission thereof as labor service and who was appointed to such
position under the Civil Service Act, other than by temporary appointment
as defined in said Act.
(b) Any employee in the service of an employer before the Civil Service
Act came into effect for the employer.
(c) Any person employed by the board.
(d) Any person employed by a retirement board of any other annuity and
benefit fund in such city which is on a reserve basis on the effective date
or thereafter in operation for the employer, other than the fund created by
this Article.
(e) Any person employed after July 31, 1951, by temporary appointment as
defined in Section 10 of the Civil Service Act, in a position classified
by the Civil Service Commission of the employer as labor service of the
employer; or in the case of a city operating under a municipal personnel
ordinance, any employee of an employer employed under the provisions of
such municipal personnel ordinance as labor service of the employer.
(Source: P.A. 90-31, eff. 6-27-97.)
|
(40 ILCS 5/11-110.1) (from Ch. 108 1/2, par. 11-110.1)
Sec. 11-110.1.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and other benefits applicable to male employees
and their survivors, and the contributions to be made for widows' annuities
or other annuities, benefits, and refunds shall apply with equal force to
female employees and their survivors, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
|
(40 ILCS 5/11-111) (from Ch. 108 1/2, par. 11-111)
Sec. 11-111.
Present employee.
"Present employee":
(a) Any employee of an employer on the day before the effective date;
(b) Any person who becomes an employee of the board prior to the next
January 1st after the effective date who was in service on the day prior to
the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-112) (from Ch. 108 1/2, par. 11-112)
Sec. 11-112.
Future entrant.
"Future entrant": any employee of an employer employed for the first
time on or after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-113) (from Ch. 108 1/2, par. 11-113)
Sec. 11-113.
Re-entrant.
"Re-entrant": Any employee who withdraws from service and receives a
refund, and thereafter re-enters service prior to age 65.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-114) (from Ch. 108 1/2, par. 11-114)
Sec. 11-114.
The service or service.
"The service" or "service": Any employment for which a contributor is
entitled to receive monetary compensation from an employer; also any
employment of a present employee prior to January 1st of the year following
the effective date in a position in which he was entitled to receive
monetary compensation from the employer.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-115) (from Ch. 108 1/2, par. 11-115)
Sec. 11-115.
Term of service.
"Term of service": All periods of time during which the employee shall
perform service as hereinbefore defined.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)
Sec. 11-116. Salary. "Salary": Annual salary of an employee as follows:
(a) Beginning on the effective date and prior to July | ||
| ||
(b) If appropriated, fixed or arranged on other than | ||
| ||
(c) Beginning July 1, 1951, if the city provides | ||
| ||
(d) Beginning September 1, 1981, the salary of a | ||
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/11-117) (from Ch. 108 1/2, par. 11-117)
Sec. 11-117.
Reserve basis.
"Reserve basis": A method for the calculation of annuities from credited
sums by recognized actuarial criteria involving a designated mortality
table and a specified rate of interest.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-118) (from Ch. 108 1/2, par. 11-118)
Sec. 11-118.
Disability.
"Disability": A physical or mental incapacity as the result of which an
employee is unable to perform the duties of his assigned position.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-119) (from Ch. 108 1/2, par. 11-119)
Sec. 11-119.
Injury.
"Injury": A physical hurt resulting from external force or violence.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-120) (from Ch. 108 1/2, par. 11-120)
Sec. 11-120.
Withdraws from service, withdrawal from service or withdrawal.
"Withdraws from service", "withdrawal from service" or "withdrawal":
Discharge or resignation of an employee. For refund purposes a withdrawal
from service shall not be final until 30 days after the effective date of
the withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-121) (from Ch. 108 1/2, par. 11-121)
Sec. 11-121.
Assets.
"Assets": The total value of cash, securities and other property held.
Bonds shall be valued at their amortized book values.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-122) (from Ch. 108 1/2, par. 11-122)
Sec. 11-122.
Age.
"Age": Age at last birthday preceding the date of ascertainment of age
under this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-123) (from Ch. 108 1/2, par. 11-123)
Sec. 11-123.
Effective rate of interest, interest at the effective rate or
interest.
"Effective rate of interest", "interest at the effective rate" or
"interest": Interest at 4% per annum for an employee who was a contributor
on January 1, 1952; and at 3% per annum for an employee who becomes a
contributor after January 1, 1952. In all cases involving reserves,
credits, transfers, and charges, "effective rate of interest", "interest at
the effective rate" or "interest" shall be applied at these rates.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-124) (from Ch. 108 1/2, par. 11-124)
Sec. 11-124.
Annuity.
"Annuity": Equal monthly payments for life, unless terminated earlier under
Section 11-148, 11-152, 11-153, or 11-230.
For annuities taking effect before January 1, 1998, the first payment shall
be due and payable one month after the occurrence of the event upon which
payment of the annuity depends. Until August 1, 1999, payment
shall be made for any part of a monthly period in which death of the annuitant
occurs. Beginning August 1, 1999, all payments shall be made on the first
day of the calendar month and shall be for the entire calendar month, without
proration. The last payment shall be made on the first day of the calendar
month in which the annuity payment period ends. A pro rata amount shall be
paid for that part of the month from the July 1999 annuity payment date
through July 31, 1999.
For annuities taking effect on or after January 1, 1998,
payments shall be made as of the first day of the calendar month, with the
first payment to be made as of the first day
of the calendar month coincidental with or next following the first day of the
annuity payment period, and the last payment to be made as of the first day of
the calendar month in which the annuity payment
period ends. For annuities taking effect on or after January 1, 1998, all
payments shall be for the entire calendar month, without proration.
For the purposes of this Section, the "annuity payment period" means the
period beginning on the day after the occurrence of the event upon which
payment of the annuity depends, and ending on the day upon which the death of
the annuitant or other event terminating the annuity occurs.
(Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
|
(40 ILCS 5/11-125) (from Ch. 108 1/2, par. 11-125)
Sec. 11-125.
Persons to whom article does not apply.
(A) This Article does not apply to any of the following persons:
(a) Any person employed prior to August 1, 1951 by such city, or
board of education of such city by temporary appointment as defined in
Section 10 of the Civil Service Act;
(b) Any person employed by such city or the board of education of
such city or the retirement board of any other annuity and benefit fund
operating on a reserve basis in such city while he is eligible to
contribute thereto;
(c) Any person receiving a pension or annuity other than widow's or
child's annuity, from a fund described in subparagraph (b) above;
(d) Any person who enters service at age 65 or over prior to January
1, 1979, or who enters the service at age 70 or more subsequent to January 1, 1979;
(e) Any person transferred to the employment of such city by virtue
of the "Exchange of Functions Act, 1957".
(B) The board of trustees may, by resolution, exclude persons who become
employees after June 30, 1979 as public service employment program
participants under the Federal Comprehensive Employment and Training Act
and whose wages or fringe benefits are paid in whole or in part by funds
provided under such Act.
(Source: P.A. 84-159.)
|
(40 ILCS 5/11-125.1) (from Ch. 108 1/2, par. 11-125.1)
Sec. 11-125.1.
(a) Any active member of the General Assembly Retirement
System may apply for transfer of his credits and creditable service accumulated
under this Fund to the General Assembly System. Such credits and creditable
service shall be transferred forthwith. Payment by this Fund to the General
Assembly Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding
any additional or optional credits, which credits shall be refunded to the
applicant; and
(2) municipality credits computed and credited under this Article including
interest, on the books of the Fund on the date the member terminated service
under the Fund. Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the General Assembly who has service credits and
creditable service under the Fund may establish additional service credits
and creditable service for periods during which he was an elected official
and could have elected to participate but did not so elect. Service credits
and creditable service may be established by payment to the fund of an amount
equal to the contributions he would have made if he had elected to participate,
plus interest to the date of payment.
(c) An active member of the General Assembly may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(Source: P.A. 80-1419; 80-1438.)
|
(40 ILCS 5/11-125.2) (from Ch. 108 1/2, par. 11-125.2)
Sec. 11-125.2.
Validation of service credits.
An active member of
the General Assembly having no service credits or creditable service in
the Fund, may establish service credit and creditable service for
periods during which he was an employee of an employer in an elective
office and could have elected to participate in the Fund but did not so
elect. Service credits and creditable service may be established by
payment to the Fund of an amount equal to the contributions he would
have made if he had elected to
participate plus interest to the date of
payment, together with a like amount as the applicable municipality
credits including interest, but the total period of such creditable
service that may be validated shall not exceed 8 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/11-125.3) (from Ch. 108 1/2, par. 11-125.3)
Sec. 11-125.3.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
|
(40 ILCS 5/11-125.4) (from Ch. 108 1/2, par. 11-125.4)
Sec. 11-125.4.
Validation of Service.
Every participant in the Fund
on the effective date of this amendatory Act of 1983 shall be deemed to
have been an employee throughout the entire period of his service during
which he was a contributor and participant and for which period of service
he is credited with the required contributions to the Fund for annuity
purposes. The period or term of service credited shall be based on the
applicable provisions of this Article. Any past service credited or
annuity granted to any participant and contributor prior to the effective
date of this amendatory Act of 1983, based on the service of any
participant and contributor prior to or subsequent to the effective date of
the "Municipal Personnel Ordinance" of Chicago or the "Illinois Municipal
Code" relating to civil service of cities, shall be deemed validly credited
or granted for all purposes of this Article.
(Source: P.A. 83-499.)
|
(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)
Sec. 11-125.5. Transfer of creditable service to Article 8, 9, or 13
Fund.
(a) Any city officer as defined in Section 8-243.2 of this Code, any county
officer elected by vote of the people (and until March 1, 1993 any other person
in accordance with Section 9-121.11) who is a participant in the pension fund
established under Article 9 of this Code, and any elected sanitary district
commissioner who is a participant in a pension fund established under Article
13 of this Code, may apply for transfer of his credits and creditable service
accumulated under this Fund to such Article 8, 9, or 13 fund. Such creditable
service shall be transferred forthwith. Payments by this Fund to the Article
8, 9, or 13 fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) municipality credits computed and credited under | ||
| ||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer, or sanitary
district commissioner who has credits and creditable service under the Fund
may establish additional credits and creditable service for periods during
which he could have elected to participate but did not so elect. Credits
and creditable service may be established by payment to the Fund of an
amount equal to the contributions he would have made if he had elected to
participate, plus interest to the date of payment.
(c) Any such elected city officer, county officer, or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by payment to the Fund of
the amount of the separation benefit plus interest thereon to the date of
payment.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(40 ILCS 5/11-125.6) (from Ch. 108 1/2, par. 11-125.6)
Sec. 11-125.6.
Age Discrimination.
Notwithstanding any other
provisions in this Article, it is the intention of the General Assembly to
comply with the federal Age Discrimination in Employment Act of 1967, as
amended by the Age Discrimination in Employment Amendments of 1986 and the
Omnibus Budget Reconciliation Act of 1986, as required with respect to
benefits for older individuals. For this purpose, if required, the
following changes shall govern with respect to other Sections of this
Article, effective January 1, 1988 unless otherwise specified.
(1) Contributions. Beginning immediately, the spouse contribution
shall not cease at age 65, but shall continue during the term of service.
Beginning immediately, concurrent city contributions shall be made
during the term of service.
(2) Money purchase accounts "fixed" at age 65. Beginning January 1,
1988, for all purposes, accruals after age 65 for the accounts of those
employees who have not withdrawn or retired shall be "unfixed" with
interest from the date fixed to January 1, 1988, without any contribution
from the time originally fixed until the effective date of this amendatory
Act of 1989. Thereafter, all
money purchase accounts shall not be "fixed", but shall continue to accrue
until time of withdrawal. No contributions are permitted from the time
"fixed" until the time "unfixed".
(3) Employee money purchase annuity after age 65. Beginning January 1,
1988, all money purchase annuities shall be computed without limitation for
age at time of withdrawal and without being "fixed" at any limiting age.
(4) Disability benefits. Beginning January 1, 1987, the age 70 limitation is removed.
(5) Widows and wives not entitled to annuity. Beginning January 1,
1988, there shall be no requirement that marriage take place before the
employee attained age 65. Any "no spouse" refund must be repaid with
interest before a spouse annuity is payable.
(6) Children. Beginning January 1, 1988, there shall be no age 65
requirement on the employee age for a child's annuity.
(7) Service credit. Beginning January 1, 1987, service credit shall
include any period of disability after age 70 for which the participant
receives Workers' Compensation benefits and during which the participant
did not receive a disability benefit from the fund but could have except
for the age 70 limitation.
(8) Compensation and supplemental annuities. The age condition shall remain at 65.
(9) Accounting. Beginning January 1, 1988, or as soon as practical, the
Annuity Payment Fund Accounts and the Prior Service Fund Accounts "fixed"
shall be "unfixed" and the appropriate amounts returned to the Salary
Deduction Fund Account and the corresponding City Contribution Fund Account.
(10) Refunds. Beginning immediately, there shall be no in-service
distribution of a "no spouse" refund. Such distribution, if any, shall be
made as otherwise provided. Likewise, there shall be no other refund
of deductions after fixed or excess cost. Any "no spouse" refund must be repaid with
interest before a spouse annuity is payable.
(11) Re-entry into service. Beginning January 1, 1988, for any re-entry
into service after age 65, the employee's money purchase annuity and the
widow's money purchase annuity may be recomputed if it is more beneficial to do so.
(12) Membership. Beginning January 1, 1988, the age 70 limitation for
membership shall be removed if federal law or regulation should require it.
Accordingly, any person age 70 or older may elect to have this Article
apply by filing written notice of such intent with the retirement board
within 4 months after the date of entering service.
(13) Computation. Benefits using accruals after age 65 will begin to be
computed January 1, 1988. No benefits will be recomputed for any annuitant
who has withdrawn before January 1, 1988.
(Source: P.A. 86-272.)
|
(40 ILCS 5/11-125.7) (from Ch. 108 1/2, par. 11-125.7)
Sec. 11-125.7.
Transfer to Article 18 system.
Any active member of the
Judges Retirement System who is eligible to transfer service credit to that
System from this Fund under subsection (g) of Section 18-112 may apply for
transfer of that service credit to the Judges Retirement System. The
credits and creditable service shall be transferred upon application, and
shall include payment by this Fund to the Judges Retirement System of:
(1) the amounts accumulated to the credit of the | ||
| ||
(2) the corresponding employer credits computed and | ||
| ||
Participation in this Fund as to the credits transferred under this
Section shall terminate on the date of transfer.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/11-125.8)
Sec. 11-125.8.
Service as police officer, firefighter, or teacher.
(a) Service rendered by an employee as a police officer and member of the
regularly constituted police department of the city, or as a firefighter
and regular member of the paid fire department of the city, or as a teacher
in the public school system in the city shall be counted, for the purposes
of this Article, as service rendered as an employee of the city. Salary
received for any such service shall be treated, for the purposes of this
Article, as salary received for the performance of duty as an employee.
(b) Credit shall be granted under subsection (a) only if (1) the employee
pays to the Fund prior to his or her separation from service an amount
equal to the employee contributions that would have been payable for that
service, based on the salary actually received, plus interest at the effective
rate, and (2) the employee has terminated any credit for that service
earned in any other annuity and benefit fund or pension fund in operation
in the city for the benefit of police officers, firefighters, or
teachers. The amount transferred to the Fund under item (1) of Section
5-233.1, if any, shall be credited against the contributions required under
this subsection.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/11-125.9) Sec. 11-125.9 Action by Fund against third party; subrogation. In those cases where the injury or death for which a disability or death benefit is payable under this Article was caused under circumstances creating a legal liability on the part of some person or entity (hereinafter "third party") to pay damages to the employee, legal proceedings may be taken against such third party to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits under this Article. In such case, however, if the action against such third party is brought by the injured employee or his or her personal representative and judgment is obtained and paid, or settlement is made with such third party, either with or without suit, from the amount received by such employee or personal representative, then there shall be paid to the Fund the amount of money representing the death or disability benefits paid or to be paid to the disabled employee pursuant to the provisions of this Article. In all circumstances where the action against a third party is brought by the disabled employee or his or her personal representative, the Fund shall have a claim or lien upon any recovery, by judgment or settlement, out of which the disabled employee or his or her personal representative might be compensated from such third party. The Fund may satisfy or enforce any such claim or lien only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's claim or lien shall not be satisfied or enforced from that portion of a recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs.
Where action is brought by the disabled employee or his or her personal representative, he or she shall forthwith notify the Fund, by personal service or registered mail, of such fact and of the name of the court where such suit is brought, filing proof of such notice in such action. The Fund may, at any time thereafter, intervene in such action upon its own motion. Therefore, no release or settlement of claim for damages by reason of injury to the disabled employee, and no satisfaction of judgment in such proceedings, shall be valid without the written consent of the Board of Trustees authorized by this Code to administer the Fund created under this Article, except that such consent shall be provided expeditiously following a settlement or judgment. In the event the disabled employee or his or her personal representative has not instituted an action against a third party at a time when only 3 months remain before such action would thereafter be barred by law, the Fund may, in its own name or in the name of the personal representative, commence a proceeding against such third party seeking the recovery of all damages on account of injuries caused to the employee. From any amount so recovered, the Fund shall pay to the personal representative of such disabled employee all sums collected from such third party by judgment or otherwise in excess of the amount of disability or death benefits paid or to be paid under this Article to the disabled employee or his or her personal representative, and such costs, attorney's fees, and reasonable expenses as may be incurred by the Fund in making the collection or in enforcing such liability. The Fund's recovery shall be satisfied only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's recovery shall not be satisfied from that portion of the recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs.
Additionally, with respect to any right of subrogation asserted by the Fund under this Section, the Fund, in the exercise of discretion, may determine what amount from past or future salary shall be appropriate under the circumstances to collect from the recovery obtained on behalf of the disabled employee. This Section applies only to persons who first become members or participants under this Article on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-23, eff. 7-6-17.) |
(40 ILCS 5/11-126) (from Ch. 108 1/2, par. 11-126)
Sec. 11-126.
Prior service annuity-When due.
A "Prior Service Annuity" shall be credited to present employees in
accordance with "The 1935 Act" for service rendered prior to the
effective date.
Each such credit shall be improved by interest at the effective rate
during the time the employee is in service until his annuity is fixed. In
determining such credit, the employee's annual salary for his entire period
of prior service shall be the salary in effect on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-127) (from Ch. 108 1/2, par. 11-127)
Sec. 11-127.
Age and service annuity.
An "Age and Service Annuity" shall be credited employees for service
rendered after the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-128) (from Ch. 108 1/2, par. 11-128)
Sec. 11-128.
Annuities - Present employees and future entrants
attaining age 65 in service.
(a) A present employee who attains age 65 or more in service, having
age and service and prior service annuity credits sufficient to provide
an annuity as of his age at such time equal to the amount he would have
had if employee contributions and
city contributions had been made in
accordance with this Article during his entire term of service until age
65, shall be entitled to such annuity upon withdrawal.
(b) A present employee who attains age 65 or more in service, and
who does not have the credits described in paragraph (a), shall be
entitled, on the date of withdrawal, to such age and service annuity and
prior service annuity provided from the entire sum accumulated to his
credit therefor on the date of his withdrawal computed as of his age on
such date of withdrawal.
(c) A future entrant who attains age 65 in service shall be
entitled, upon withdrawal, to age and service annuity provided from the
entire sum accumulated to his credit for such annuity computed as of his
age 65.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/11-129) (from Ch. 108 1/2, par. 11-129)
Sec. 11-129.
Annuities-Present employees and future entrants-Withdrawal after
age 60 and prior to 65.
An employee who attains age 60 or more but less than 65 in service, upon
withdrawal, shall be entitled to annuity as follows:
1. Present Employee--age and service and prior service annuities
provided from the total sum accumulated to his credit for such annuities on
the date of withdrawal, computed as of his age on such date of withdrawal.
2. Future entrant--age and service annuity provided from the total sum
accumulated to his credit for such annuity on the date of withdrawal,
computed as of his age on such date of withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-130) (from Ch. 108 1/2, par. 11-130)
Sec. 11-130.
Annuities - Present employees and future
entrants - Withdrawal after age 55 and prior to 60.
An employee who attains age 55 or more but less than age 60 in
service having 10 or more years of service at date of withdrawal shall
be entitled to annuity, from the date of withdrawal, as follows:
1. Present employee and future entrant with 20 or more years of
service-age and service annuity provided from the total sum accumulated
to his credit from employee contributions and city contributions for
such annuity, and, for a present employee, prior service annuity from
the total sum accumulated to his credit for such annuity.
2. Present employee and future entrant with 10 or more but less than
20 years of service-age and service annuity provided from the total sum
accumulated to his credit for such annuity
from employee contributions plus 1/10 of the accumulation for such annuity
from city contributions
for each year of service after the first 10 years and in addition, in
the case of a present employee, 1/10 of the prior service annuity
accumulated to his credit under "The 1935 Act" and this Article, for
each year of service after the first 10 years.
Any such annuity shall be computed as of the employee's age on the
date of withdrawal.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/11-131) (from Ch. 108 1/2, par. 11-131)
Sec. 11-131.
Annuities - Present employees and future
entrants - Withdrawal before age 55.
An employee who withdraws after 10 years of service before age 55 and
attains age 55 while out of service, shall be entitled to annuity, after
attainment of age 55, as follows:
1. Present employee and future entrant with 20 or more years of
service-age and service annuity provided from the total sum accumulated
to his credit from employee contributions and city contributions for
such annuity, and, in addition in the case of a present employee, prior
service annuity from the total sum accumulated to his credit for such
annuity.
2. Present employee and future entrant with 10 or more but less than
20 years of service-age and service annuity provided from the total sum
accumulated to his credit for such annuities
from employee contributions plus 1/10 of the city contributions for
each year of service after the
first 10 years and in addition, in the case of a present employee, 1/10
of the total sum accumulated to his credit for prior service annuity
under "The 1935 Act" and this Article, for each year of service after
the first 10 years.
Any such annuity shall be computed as though the employee were age 55
when granted regardless of his actual age at the time of application for
annuity. An employee shall not be entitled to annuity for any period
between the date he attained age 55 and the date of application for
annuity.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/11-132) (from Ch. 108 1/2, par. 11-132)
Sec. 11-132.
Annuities-Re-entry into service.
Annuity in excess of that fixed in Sections 11-129, 11-130 and 11-131
shall not be granted to any employee described therein, unless he reentered
service before age 65. If such re-entry occurs, his annuity shall be
provided in accordance with Sections 11-128 to 11-131, inclusive,
whichever are applicable.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-133) (from Ch. 108 1/2, par. 11-133)
Sec. 11-133.
Service after time of fixing annuity.
Service rendered after the time of fixing an annuity shall not be
considered for age and service annuity or prior service annuity.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-133.1) (from Ch. 108 1/2, par. 11-133.1)
Sec. 11-133.1.
Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) be a current contributor to the Fund who, on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board before June 1, 1993, a | ||
| ||
(4) withdraw from service on or after December 31, | ||
| ||
(5) have attained age 55 on or before the date of | ||
| ||
(6) by the date of withdrawal, have at least 10 years | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person elects to receive a retirement annuity calculated under the
alternative formula formerly set forth in Section 20-122.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). An eligible person must
establish at least the amount of creditable service necessary to bring his
or her total creditable service, including service in this Fund, service
established under this Section, and service in any of the other participating
systems under the Retirement Systems Reciprocal Act, to a minimum of 20 years.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
11-134, but with the following exceptions:
(1) The annuity shall not be subject to reduction | ||
| ||
(2) The annuity shall be subject to a maximum of 80% | ||
| ||
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on November
1, 1992. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall be deemed
contributions made by employees for annuity purposes under Section 11-169
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 11-161, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/11-133.2)
Sec. 11-133.2.
Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) be a current contributor to the Fund who, on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board before June 1, 1998, a | ||
| ||
(4) withdraw from service on or after December 31, | ||
| ||
(5) by the date of withdrawal: (i) have attained age | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person elects to receive a retirement annuity calculated under the
alternative formula formerly set forth in Section 20-122.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). An eligible person must
establish at least the amount of creditable service necessary to bring his
or her total creditable service, including service in this Fund, service
established under this Section, and service in any of the other participating
systems under the Retirement Systems Reciprocal Act, to a minimum of 20 years.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
11-134, but with the following exceptions:
(1) The annuity shall not be subject to reduction | ||
| ||
(2) The annuity shall be subject to a maximum of 80% | ||
| ||
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on November
1, 1997. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall be deemed
contributions made by employees for annuity purposes under Section 11-169
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 11-161, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(Source: P.A. 90-511, eff. 8-22-97.)
|
(40 ILCS 5/11-133.3)
Sec. 11-133.3. Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) have been a contributor to the Fund who (i) on | ||
| ||
(2) have not previously retired under this Article;
(3) file with the Board on or before January 30, | ||
| ||
(4) withdraw from service on or after January 31, | ||
| ||
(5) by the date of withdrawal or by January 31, 2004, | ||
| ||
A person is not eligible for the benefits provided in this Section if the
person
elects to receive a retirement annuity
calculated under the alternative formula formerly set forth in Section
20-122.
(a-5) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29, 2004 deadline for terminating employment under this Article established in
subdivision (a)(4) of this Section to a date not later than May 31, 2004 by
so notifying the Fund by January 31, 2004.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). In addition, for each month of
creditable service established under this Section, a person's age at retirement
shall be deemed to be one month older than it actually is, except for
determination of eligibility for automatic annual increases under Sections
11-134.1 and 11-134.3. Furthermore, an eligible employee must establish at
least the amount of age and creditable service necessary to bring his or her
age and total creditable service, including service in this Fund, service
established under this Section, and service in any of the other participating
systems under the Retirement Systems Reciprocal Act, to a minimum that will
satisfy the requirements of Section 11-134.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
11-134, except that the annuity shall not be subject to reduction because of
withdrawal or commencement of the annuity before attainment of age 60.
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on October
15, 2003. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall not be deemed
contributions made by employees for annuity purposes under Section 11-169,
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 11-161, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(f) No employer action in declaring an employee to be a critical employee pursuant to subsection (a-5) shall be construed as an impairment of any pension benefit or entitlement. No early retirement option or resultant benefit conferred under this Section shall, in any manner, vest for any employee until the earlier date of the employer's decision to release the employee from service or May 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.) |
(40 ILCS 5/11-133.4)
Sec. 11-133.4. Early retirement incentive for employees who have earned
maximum pension benefits.
(a) A person who is eligible for the benefits provided
under Section 11-133.3 and who, if he or she had retired on or before February 29, 2004,
would have been entitled to a pension equal to 80% of his or her highest
average annual salary for any 4 consecutive years within the last 10 years of
service immediately preceding February 29, 2004 without receiving the benefits
provided in Section 11-133.3, may elect, by filing a written election with the
Fund by January 30, 2004, to receive a lump sum from the Fund equal to 100% of
his or her salary on February 29, 2004 or the date of
withdrawal, whichever is earlier. To be eligible to receive the benefit
provided under this Section, the person must withdraw from service on or after
January 31, 2004 and on or before February 29, 2004 (or the date established
under subsection (b), if applicable). If a person elects to receive the
benefit provided under this Section, his or her retirement annuity otherwise
payable under Section 11-134
shall be reduced by an amount equal to the actuarial equivalent of the lump
sum.
(b) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29,
2004 deadline for terminating employment under this Article established in
subdivision (a) of this Section to a date not later than May 31, 2004 by
so notifying the Fund by January 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.) |
(40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
Sec. 11-134. Minimum annuities.
(a) An employee whose withdrawal occurs after July 1, 1957 at age 60 or
over, with 20 or more years of service, (as service is defined or computed
in Section 11-216), for whom the age and service and prior service annuity
combined is less than the amount stated in this Section, shall, from and
after the date of withdrawal, in lieu of all annuities otherwise provided
in this Article, be entitled to receive an annuity for life of an amount
equal to 1 2/3% for each year of service, of the highest average annual
salary for any 5 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal; provided, that in the case of
any employee who withdraws on or after July 1, 1971, such employee age 60
or over with 20 or more years of service, shall be entitled to instead
receive an annuity for life equal to 1.67% for each of the first 10 years
of service; 1.90% for each of the next 10 years of service; 2.10% for each
year of service in excess of 20 but not exceeding 30; and 2.30% for each
year of service in excess of 30, based on the highest average annual salary
for any 4 consecutive years within the last 10 years of service immediately
preceding the date of withdrawal.
An employee who withdraws after July 1, 1957 and before January 1,
1988, with 20 or more years of service, before age 60, shall be entitled to
an annuity, to begin not earlier than age 55, if under such age at
withdrawal, as computed in the last preceding paragraph, reduced 0.25% if
the employee was born before January 1, 1936, or 0.5% if the employee was
born on or after January 1, 1936, for each full month or fractional part
thereof that his attained age when such annuity is to begin is less than 60.
Any employee born before January 1, 1936 who withdraws
with 20 or more years of service, and any employee with 20 or more years of
service who withdraws on or after January 1, 1988, may elect to receive, in
lieu of any other employee
annuity provided in this Section, an annuity for life equal to 1.80% for
each of the first 10 years of service, 2.00% for each of the next 10 years
of service, 2.20% for each year of service in excess of 20, but not
exceeding 30, and 2.40% for each year of service in excess of 30,
of the highest average annual salary for any 4
consecutive years within the last 10 years of service immediately preceding
the date of withdrawal, to begin not earlier than upon attained age of 55
years, if under such age at withdrawal, reduced 0.25% for each full month
or fractional part thereof that his attained age when annuity is to begin
is less than 60; except that an employee retiring on or after January 1,
1988, at age 55 or over but less than age 60, having at least 35 years of
service, or an employee retiring on or after July 1, 1990, at age 55
or over but less than age 60, having at least 30 years of service,
or an employee retiring on or after the effective date of this amendatory Act
of 1997, at age 55 or over but less than age 60, having at least 25 years of
service, shall not be subject to the reduction in retirement annuity because
of retirement below age 60.
However, in the case of an employee who retired on or after January 1,
1985 but before January 1, 1988, at age 55 or older and with at least 35
years of service, and who was subject under this subsection (a) to the
reduction in retirement annuity because of retirement below age 60, that
reduction shall cease to be effective January 1, 1991, and the retirement
annuity shall be recalculated accordingly.
Any employee who withdraws on or after July 1, 1990, with 20 or more
years of service, may elect to receive, in lieu of any other employee
annuity provided in this Section, an annuity for life equal to 2.20% for
each year of service if withdrawal is before January 1, 2002, or
2.40% for each year of service if withdrawal is on or after January 1,
2002, of the highest average annual salary for any 4
consecutive years within the last 10 years of service immediately preceding
the date of withdrawal, to begin not earlier than upon attained age of 55
years, if under such age at withdrawal, reduced 0.25% for each full month
or fractional part thereof that his attained age when annuity is to begin
is less than 60; except that an employee retiring at age 55 or over but
less than age 60, having at least 30 years of service, shall not be subject
to the reduction in retirement annuity because of retirement below age 60.
Any employee who withdraws on or after the effective date of this
amendatory Act of 1997 with 20 or more years of service may elect to receive,
in lieu of any other employee annuity provided in this Section, an annuity for
life equal to 2.20% for each year of service if withdrawal is before
January 1, 2002, or 2.40% for each year of service if withdrawal is
on or
after January 1, 2002, of the
highest average annual
salary for any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, to begin not earlier than upon
attainment of age 55 (age 50 if the employee has at least 30 years of service),
reduced 0.25% for each full month or remaining fractional part thereof that the
employee's attained age when annuity is to begin is less than 60; except that
an employee retiring at age 50 or over with at least 30 years of service or at
age 55 or over with at least 25 years of service shall not be subject to the
reduction in retirement annuity because of retirement below age 60.
The maximum annuity payable under this paragraph (a) of this Section
shall not exceed 70% of highest average annual salary in the case of an
employee who withdraws prior to July 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 and prior to January 1, 2002, or 80% if
withdrawal
is on or after January 1, 2002. For the purpose of the
minimum annuity
provided in said paragraphs $1,500 shall be considered the minimum annual
salary for any year; and the maximum annual salary to be considered for the
computation of such annuity shall be $4,800 for any year prior to 1953,
$6,000 for the years 1953 to 1956, inclusive, and the actual annual salary,
as salary is defined in this Article, for any year thereafter.
(b) For an employee receiving disability benefit, his salary for annuity
purposes under this Section shall, for all periods of disability benefit
subsequent to the year 1956, be the amount on which his disability benefit
was based.
(c) An employee with 20 or more years of service, whose entire
disability benefit credit period expires prior to attainment of age 55
while still disabled for service, shall be entitled upon withdrawal to the
larger of (1) the minimum annuity provided above assuming that he is then
age 55, and reducing such annuity to its actuarial equivalent at his
attained age on such date, or (2) the annuity provided from his age and
service and prior service annuity credits.
(d) The minimum annuity provisions as aforesaid shall not apply to any
former employee receiving an annuity from the fund, and who re-enters
service as an employee, unless he renders at least 3 years of additional
service after the date of re-entry.
(e) An employee in service on July 1, 1947, or who became a contributor
after July 1, 1947 and prior to July 1, 1950, or who shall become a
contributor to the fund after July 1, 1950 prior to attainment of age 70,
who withdraws after age 65 with less than 20 years of service, for whom the
annuity has been fixed under the foregoing Sections of this Article shall,
in lieu of the annuity so fixed, receive an annuity as follows:
Such amount as he could have received had the accumulated amounts for
annuity been improved with interest at the effective rate to the date of
his withdrawal, or to attainment of age 70, whichever is earlier, and had
the city contributed to such earlier date for age and service annuity the
amount that would have been contributed had he been under age 65, after the
date his annuity was fixed in accordance with this Article, and assuming
his annuity were computed from such accumulations as of his age on such
earlier date. The annuity so computed shall not exceed the annuity which
would be payable under the other provisions of this Section if the employee
was credited with 20 years of service and would qualify for annuity
thereunder.
(f) In lieu of the annuity provided in this or in any other Section of
this Article, an employee having attained age 65 with at least 15 years of
service who withdraws from service on or after July 1, 1971 and whose
annuity computed under other provisions of this Article is less than the
amount provided under this paragraph shall be entitled to receive a minimum
annual annuity for life equal to 1% of the highest average annual salary
for any 4 consecutive years within the last 10 years of service immediately
preceding retirement for each year of his service plus the sum of $25 for
each year of service. Such annual annuity shall not exceed the maximum
percentages stated under paragraph (a) of this Section of such highest
average annual salary.
(f-1) Instead of any other retirement annuity provided in this Article,
an employee who has at least 10 years of service and withdraws from service
on or after January 1, 1999 may elect to receive a retirement annuity for
life, beginning no earlier than upon attainment of age 60, equal to 2.2%
if withdrawal is before January 1, 2002, or 2.4% for each year of
service if
withdrawal is on or after January 1, 2002, of final
average salary for
each
year of service, subject to a maximum of 75% of final average salary
if withdrawal is before January 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. For the purpose of calculating this
annuity, "final average
salary" means the highest average annual salary for any 4 consecutive years
in the last 10 years of service. Notwithstanding any provision of this subsection to the contrary, the "final average salary" for a participant that received credit under item (3) of subsection (c) of Section 11-215 means the highest average salary for any 4 consecutive years (or any 8 consecutive years if the employee first became a participant on or after January 1, 2011) in the 10 years immediately prior to the leave of absence, and adding to that highest average salary, the product of (i) that highest average salary, (ii) the average percentage increase in the Consumer Price Index during each 12-month calendar year for the calendar years during the participant's leave of absence, and (iii) the length of the leave of absence in years, provided that this shall not exceed the participant's salary at the local labor organization. For purposes of this Section, the Consumer Price Index is the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor.
(g) Any annuity payable under the preceding subsections of this Section
11-134 shall be paid in equal monthly installments.
(h) The amendatory provisions of part (a) and (f) of this Section shall
be effective July 1, 1971 and apply in the case of every qualifying
employee withdrawing on or after July 1, 1971.
(h-1) The changes made to this Section by Public Act 92-609 (increasing the retirement
formula to 2.4% per year of service and increasing the maximum to 80%) apply
to persons who withdraw from service on or after January 1, 2002, regardless
of whether that withdrawal takes place before the effective date of that Act. In the case of a person who withdraws from service
on or after January 1, 2002 but begins to receive a retirement annuity before
July 1, 2002, the annuity
shall be recalculated, with the increase resulting from Public Act 92-609
accruing from the date the retirement annuity
began. The changes made by Public Act 92-609 control over the changes made
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
(i) The amendatory provisions of this amendatory Act of 1985 relating to
the discount of annuity because of retirement prior to attainment of age 60
and increasing the retirement formula for those born before January 1, 1936,
shall apply only to qualifying employees withdrawing on or after
August 16, 1985.
(j) Beginning on January 1, 1999, the minimum amount of employee's annuity
shall be $850 per month for life for the following classes of employees,
without regard to the fact that withdrawal occurred prior to the effective
date of this amendatory Act of 1998:
(1) any employee annuitant alive and receiving a life | ||
| ||
(2) any employee annuitant alive and receiving a term | ||
| ||
(3) any employee annuitant alive and receiving a | ||
| ||
(4) any employee annuitant withdrawing after age 60 | ||
| ||
The increases granted under items (1), (2) and (3) of this subsection (j)
shall not be limited by any other Section of this Act.
(Source: P.A. 97-651, eff. 1-5-12; 98-756, eff. 7-16-14.)
|
(40 ILCS 5/11-134.1)
(from Ch. 108 1/2, par. 11-134.1)
(Text of Section WITH the changes made by P.A. 98-641, which has been held unconstitutional) Sec. 11-134.1. Automatic increase in annuity.
(a) An employee who retired or retires from service after December 31,
1963, and before January 1, 1987, having attained age 60 or more,
shall, in the month of January of
the year following the year in which the first anniversary of retirement
occurs, have the amount of his then fixed and payable monthly annuity
increased by 1 1/2%, and such first fixed annuity as granted at
retirement increased by a further 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases
shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.
Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases
previously granted under this Article. An employee who retires on annuity
after December 31, 1963 and before January 1, 1987, but prior to age
60, shall receive such increases beginning with January of the year
immediately following the year in which he attains the age of 60 years.
An employee who retires from service on or after January 1, 1987 shall,
upon the first annuity payment date following the first anniversary of the
date of retirement, or upon the first annuity payment date following
attainment of age 60, whichever occurs later, have his then fixed and
payable monthly annuity increased by 3%, and such annuity shall be
increased by an additional 3% of the original fixed annuity on the same
date each year thereafter.
Beginning in January of 1999, such increases shall be at the rate of 3% of the
currently payable monthly annuity, including any increases previously granted
under this Article.
(a-5) Notwithstanding the provisions of subsection (a), upon the first
annuity payment date following (1) the third anniversary of retirement, (2)
the attainment of age 53, or (3) January 1, 2002,
whichever occurs latest, the monthly annuity of an employee who retires on
annuity prior to the attainment of age 60 and has not received an
increase under subsection (a) shall be increased by 3%, and the
annuity shall be increased by an additional 3% of the current payable monthly
annuity, including any
increases previously granted under this
Article, on the same date each year thereafter. The increases provided under
this subsection are in lieu of the increases provided in subsection (a).
(a-6) Notwithstanding the provisions of subsections (a) and (a-5), for
all calendar years following the year in which this amendatory Act of the 93rd
General Assembly takes effect, an increase in annuity under this Section that
would otherwise take effect at any time during the year shall instead take
effect in January of that year.
(b) Subsections (a), (a-5), and (a-6) are not applicable to
an employee retiring and receiving a term annuity, as defined in this Article,
nor to any otherwise
qualified employee who retires before he shall have made employee contributions
(at the 1/2 of 1% rate as hereinafter provided) for the purposes of this
additional annuity for not less than the equivalent of one full year. Such
employee, however, shall make arrangement to pay to the fund a balance of such
1/2 of 1% contributions, based on his final salary, as will bring such 1/2 of
1% contributions, computed without interest, to the equivalent of or completion
of one year's contributions.
Beginning with the month of January, 1964, each employee shall contribute
by means of salary deductions 1/2 of 1% of each salary payment, concurrently
with and in addition to the employee contributions otherwise made for annuity
purposes.
Each such additional employee contribution shall be credited to an
account in the prior service annuity reserve, to be used, together with
city contributions, to defray the cost of the specified annuity
increments. Any balance as of the beginning of each calendar year
existing in such account shall be credited with interest at the rate of
3% per annum.
Such employee contributions shall not be subject to refund, except to
an employee who resigns or is discharged and applies for refund under
this Article, and also in cases where a term annuity becomes payable.
In such cases the employee contributions shall be refunded him,
without interest, and charged to the aforementioned account in the prior
service annuity reserve.
(b-5) Notwithstanding any provision of this Section to the contrary: (1) A person retiring after the effective date of | ||
| ||
(2) Except for persons eligible under subdivision (4) | ||
| ||
(3) In all other years, beginning January 1, 2015, | ||
| ||
For the purposes of this Section, "consumer price | ||
| ||
(4) A person is eligible under this subdivision (4) | ||
| ||
Beginning January 1, 2015, for a person who is | ||
| ||
Beginning January 1, 2015, for any other year in | ||
| ||
For the purposes of Section 1-103.1, this subsection (b-5) is applicable without regard to whether the employee was in active service on or after the effective date of this amendatory Act of the 98th General Assembly. This subsection (b-5) applies to any former employee who on or after the effective date of this amendatory Act of the 98th General Assembly is receiving a retirement annuity and is eligible for an automatic annual increase under this Section. (Source: P.A. 98-641, eff. 6-9-14.)
(Text of Section WITHOUT the changes made by P.A. 98-641, which has been held unconstitutional) Sec. 11-134.1. Automatic increase in annuity.
(a) An employee who retired or retires from service after December 31,
1963, and before January 1, 1987, having attained age 60 or more,
shall, in the month of January of
the year following the year in which the first anniversary of retirement
occurs, have the amount of his then fixed and payable monthly annuity
increased by 1 1/2%, and such first fixed annuity as granted at
retirement increased by a further 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases
shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.
Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases
previously granted under this Article. An employee who retires on annuity
after December 31, 1963 and before January 1, 1987, but prior to age
60, shall receive such increases beginning with January of the year
immediately following the year in which he attains the age of 60 years.
An employee who retires from service on or after January 1, 1987 shall,
upon the first annuity payment date following the first anniversary of the
date of retirement, or upon the first annuity payment date following
attainment of age 60, whichever occurs later, have his then fixed and
payable monthly annuity increased by 3%, and such annuity shall be
increased by an additional 3% of the original fixed annuity on the same
date each year thereafter.
Beginning in January of 1999, such increases shall be at the rate of 3% of the
currently payable monthly annuity, including any increases previously granted
under this Article.
(a-5) Notwithstanding the provisions of subsection (a), upon the first
annuity payment date following (1) the third anniversary of retirement, (2)
the attainment of age 53, or (3) January 1, 2002,
whichever occurs latest, the monthly annuity of an employee who retires on
annuity prior to the attainment of age 60 and has not received an
increase under subsection (a) shall be increased by 3%, and the
annuity shall be increased by an additional 3% of the current payable monthly
annuity, including any
increases previously granted under this
Article, on the same date each year thereafter. The increases provided under
this subsection are in lieu of the increases provided in subsection (a).
(a-6) Notwithstanding the provisions of subsections (a) and (a-5), for
all calendar years following the year in which this amendatory Act of the 93rd
General Assembly takes effect, an increase in annuity under this Section that
would otherwise take effect at any time during the year shall instead take
effect in January of that year.
(b) Subsections (a), (a-5), and (a-6) are not applicable to
an employee retiring and receiving a term annuity, as defined in this Article,
nor to any otherwise
qualified employee who retires before he shall have made employee contributions
(at the 1/2 of 1% rate as hereinafter provided) for the purposes of this
additional annuity for not less than the equivalent of one full year. Such
employee, however, shall make arrangement to pay to the fund a balance of such
1/2 of 1% contributions, based on his final salary, as will bring such 1/2 of
1% contributions, computed without interest, to the equivalent of or completion
of one year's contributions.
Beginning with the month of January, 1964, each employee shall contribute
by means of salary deductions 1/2 of 1% of each salary payment, concurrently
with and in addition to the employee contributions otherwise made for annuity
purposes.
Each such additional employee contribution shall be credited to an
account in the prior service annuity reserve, to be used, together with
city contributions, to defray the cost of the specified annuity
increments. Any balance as of the beginning of each calendar year
existing in such account shall be credited with interest at the rate of
3% per annum.
Such employee contributions shall not be subject to refund, except to
an employee who resigns or is discharged and applies for refund under
this Article, and also in cases where a term annuity becomes payable.
In such cases the employee contributions shall be refunded him,
without interest, and charged to the aforementioned account in the prior
service annuity reserve.
(Source: P.A. 92-599, eff. 6-28-02; 92-609, eff.
7-1-02; 93-654, eff. 1-16-04.) |
(40 ILCS 5/11-134.2) (from Ch. 108 1/2, par. 11-134.2)
Sec. 11-134.2.
Reversionary annuity.
(a) An employee, prior to retirement on annuity, may elect to take a
lesser amount of annuity and provide, with the actuarial value of the
amount by which his annuity is reduced, a reversionary annuity for a wife,
husband, parent, child, brother or sister. The option shall be exercised by
filing a written designation with the board prior to retirement, and may be
revoked by the employee at any time before retirement. The death of the
employee prior to his retirement shall automatically void the option.
(b) The death of the designated reversionary annuitant prior to the
employee's retirement shall automatically void the option. If the
reversionary annuitant dies after the employee's retirement, and before
the death of the employee annuitant, the reduced
annuity being paid to the retired employee annuitant shall be increased
to the amount of annuity before reduction for the reversionary annuity
and no reversionary annuity shall be payable.
The option is subject to the further condition that no reversionary
annuity shall be paid to a parent, child, brother, or sister if the
employee dies before the expiration of 365
days from the date his written designation was filed with the board, even
though he has retired and is receiving a reduced annuity.
(c) The employee exercising this option shall not reduce his retirement
annuity by more than $400 per month, or elect to provide a
reversionary
annuity of less than $50 per month. No option shall be permitted if the
reversionary annuity for a widow, when added to the widow's annuity payable
under this Article, exceeds 100% of the reduced annuity payable to
the employee.
(d) A reversionary annuity shall begin on the day following the death of
the annuitant and shall be paid as provided in Section 11-124.
(e) The increases in annuity provided in Section 11-134.1 of this
Article shall, as to an employee so electing a reduced annuity, relate to
the amount of the original annuity, and such amount shall constitute the
annuity on which such increases shall be based.
(f) For annuities elected after June 30, 1983, the amount of the monthly
reversionary annuity shall be determined by multiplying the amount of the
monthly reduction in the employee's annuity by the factor in the following
table based on the age of the employee and the difference in the age of
the employee and the age of the reversionary annuitant at the starting date
of the employee's annuity:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98; 91-887, 7-6-00.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(40 ILCS 5/11-134.3) (from Ch. 108 1/2, par. 11-134.3)
(Text of Section WITH the changes made by P.A. 98-641, which has been held unconstitutional) Sec. 11-134.3. Automatic increases in annuity for certain heretofore retired
participants. (a) A retired employee who (i) is receiving annuity based on a
service credit of 20 or more years regardless of age at retirement or based on
a service credit of 15 or more years with retirement at age 55 or over, and
(ii) does not qualify for the automatic increases in annuity provided for in
Section 11-134.1 of this Article, and (iii) elects to make a contribution to the
Fund at a time and manner prescribed by the Retirement Board, of a sum
equal to 1% of the amount of final monthly salary times the number of full
years of service on which the annuity was based in those cases where the
annuity was computed on the money purchase formula, and in those cases in
which the annuity was computed under the minimum annuity formula provisions
of this Article a sum equal to 1% of the average monthly salary on which
the annuity was based times such number of full years of service, shall
have his original fixed and payable monthly amount of annuity increased in
January of the year following the year in which he attains the age of 65
years, if such age of 65 years is attained in the year 1969 or later, by an
amount equal to 1 1/2%, and by an equal additional 1 1/2% in January of
each year thereafter. Beginning with January of the year 1972, such
increases shall be at the rate of 2% in lieu of the aforesaid specified 1
1/2%. Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
In those cases in which the retired employee receiving annuity has
attained the age of 66 or more years in the year 1969, he shall have such
annuity increased in January of the year 1970 by an amount equal to 1 1/2%
multiplied by the number equal to the number of months of January elapsing
from and including January of the year immediately following the year he
attained the age of 65 years if retired at or prior to age 65, or from and
including January of the year immediately following the year of retirement
if retired at an age greater than 65 years, to and including January of the
year 1970, and by an equal additional 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases shall
be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. Beginning
January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
(b) To defray the annual cost of such increases, the annual interest income
of the Fund, accruing from investments held by the Fund, exclusive of gains
or losses on sales or exchanges of assets during the year, over and above
4% a year, shall be used to the extent necessary and available to finance
the cost of such increases for the following year, and such amount shall be
transferred as of the end of each year, beginning with the year 1969, to a
Fund account designated as the Supplementary Payment Reserve from the
Investment and Interest Reserve set forth in Sec. 11-210. The sums
contributed by annuitants as provided for in this Section shall also be
placed in the aforesaid Supplementary Payment Reserve and shall be applied
for and used for the purposes of such Fund account, together with the
aforesaid interest.
In the event the monies in the Supplementary Payment Reserve in any year
arising from: (1) the available interest income as defined hereinbefore and
accruing in the preceding year above 4% a year and (2) the contributions by
retired persons, as set forth hereinbefore, are insufficient to make the
total payments to all persons estimated to be entitled to the annuity
increases specified hereinbefore, then (3) any interest earnings over 4% a
year beginning with the year 1969 which were not previously used to finance
such increases and which were transferred to the Prior Service Annuity
Reserve may be used to the extent necessary and available to provide
sufficient funds to finance such increases for the current year, and such
sums shall be transferred from the Prior Service Annuity Reserve.
In the event the total monies available in the Supplementary Payment
Reserve from the preceding indicated sources are insufficient to make the
total payments to all persons entitled to such increases for the year, a
proportionate amount computed as the ratio of the monies available to the
total of the total payments for that year shall be paid to each person for
that year.
The Fund shall be obligated for the payment of the increases in annuity
as provided for in this Section only to the extent that the assets for such
purpose, as specified herein, are available.
(b-5) Notwithstanding any provision of this Section to the contrary: (1) Except for persons eligible under subdivision (3) | ||
| ||
(2) In all other years, beginning January 1, 2015, | ||
| ||
For the purposes of this Section, "consumer price | ||
| ||
(3) A person is eligible under this subdivision (3) | ||
| ||
Beginning January 1, 2015, for a person who is | ||
| ||
Beginning January 1, 2015, for any other year in | ||
| ||
For the purposes of Section 1-103.1, this subsection (b-5) is applicable without regard to whether the employee was in active service on or after the effective date of this amendatory Act of the 98th General Assembly. This subsection (b-5) applies to any former employee who on or after the effective date of this amendatory Act of the 98th General Assembly is receiving a retirement annuity and is eligible for an automatic annual increase under this Section. (Source: P.A. 98-641, eff. 6-9-14.)
(Text of Section WITHOUT the changes made by P.A. 98-641, which has been held unconstitutional) Sec. 11-134.3. Automatic increases in annuity for certain heretofore retired
participants. A retired employee who (a) is receiving annuity based on a
service credit of 20 or more years regardless of age at retirement or based on
a service credit of 15 or more years with retirement at age 55 or over, and
(b) does not qualify for the automatic increases in annuity provided for in
Section 11-134.1 of this Article, and (c) elects to make a contribution to the
Fund at a time and manner prescribed by the Retirement Board, of a sum
equal to 1% of the amount of final monthly salary times the number of full
years of service on which the annuity was based in those cases where the
annuity was computed on the money purchase formula, and in those cases in
which the annuity was computed under the minimum annuity formula provisions
of this Article a sum equal to 1% of the average monthly salary on which
the annuity was based times such number of full years of service, shall
have his original fixed and payable monthly amount of annuity increased in
January of the year following the year in which he attains the age of 65
years, if such age of 65 years is attained in the year 1969 or later, by an
amount equal to 1 1/2%, and by an equal additional 1 1/2% in January of
each year thereafter. Beginning with January of the year 1972, such
increases shall be at the rate of 2% in lieu of the aforesaid specified 1
1/2%. Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
In those cases in which the retired employee receiving annuity has
attained the age of 66 or more years in the year 1969, he shall have such
annuity increased in January of the year 1970 by an amount equal to 1 1/2%
multiplied by the number equal to the number of months of January elapsing
from and including January of the year immediately following the year he
attained the age of 65 years if retired at or prior to age 65, or from and
including January of the year immediately following the year of retirement
if retired at an age greater than 65 years, to and including January of the
year 1970, and by an equal additional 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases shall
be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. Beginning
January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
To defray the annual cost of such increases, the annual interest income
of the Fund, accruing from investments held by the Fund, exclusive of gains
or losses on sales or exchanges of assets during the year, over and above
4% a year, shall be used to the extent necessary and available to finance
the cost of such increases for the following year, and such amount shall be
transferred as of the end of each year, beginning with the year 1969, to a
Fund account designated as the Supplementary Payment Reserve from the
Investment and Interest Reserve set forth in Sec. 11-210. The sums
contributed by annuitants as provided for in this Section shall also be
placed in the aforesaid Supplementary Payment Reserve and shall be applied
for and used for the purposes of such Fund account, together with the
aforesaid interest.
In the event the monies in the Supplementary Payment Reserve in any year
arising from: (1) the available interest income as defined hereinbefore and
accruing in the preceding year above 4% a year and (2) the contributions by
retired persons, as set forth hereinbefore, are insufficient to make the
total payments to all persons estimated to be entitled to the annuity
increases specified hereinbefore, then (3) any interest earnings over 4% a
year beginning with the year 1969 which were not previously used to finance
such increases and which were transferred to the Prior Service Annuity
Reserve may be used to the extent necessary and available to provide
sufficient funds to finance such increases for the current year, and such
sums shall be transferred from the Prior Service Annuity Reserve.
In the event the total monies available in the Supplementary Payment
Reserve from the preceding indicated sources are insufficient to make the
total payments to all persons entitled to such increases for the year, a
proportionate amount computed as the ratio of the monies available to the
total of the total payments for that year shall be paid to each person for
that year.
The Fund shall be obligated for the payment of the increases in annuity
as provided for in this Section only to the extent that the assets for such
purpose, as specified herein, are available.
(Source: P.A. 90-766, eff. 8-14-98.) |
(40 ILCS 5/11-135) (from Ch. 108 1/2, par. 11-135)
Sec. 11-135.
Widow's prior service annuity.
A "Widow's Prior Service Annuity" shall be credited for the widow of a
male present employee for service prior to the effective date, in
accordance with "The 1935 Act" and this Article, payable from and after
the death of the employee.
The amount so credited shall be improved by interest at the effective
rate during the time the employee is in the service or until the employee
attains age 65 or withdraws from the service, whichever event first occurs.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-136) (from Ch. 108 1/2, par. 11-136)
Sec. 11-136.
Widow's annuity.
A "Widow's Annuity" shall be credited for the widow of any male employee
covering service after the effective date, payable from and after his
death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-137) (from Ch. 108 1/2, par. 11-137)
Sec. 11-137.
Widow's annuity-Present employee age 65 on effective date.
The widow of a present employee who attains age 65 or more on or before
the effective date is entitled, after his death, to an annuity fixed on the
date he becomes age 65.
The annuity shall be that provided on a reversionary annuity basis from
the credit for widow's prior service annuity on the effective date.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-138) (from Ch. 108 1/2, par. 11-138)
Sec. 11-138.
Widow's annuity-Present employees and future entrants attaining
age 65 in service.
The widow of a present employee who attains age 65 while in service
after the effective date, or of a future entrant who attains age 65 while
in service, is entitled, after the date of his death, to an annuity fixed
for the widow of a present employee or future entrant on the date he
attains age 65.
The widow is entitled to annuity as follows:
If the employee's withdrawal occurs after age 65 and he enters upon
annuity or if the employee's death occurs in the service after his
attainment of age 65, the annuity shall be that provided on a reversionary
annuity basis from the total sums accumulated to his credit for widow's
annuity and (if he was a present employee) widow's prior service annuity on
the date he became age 65.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-139) (from Ch. 108 1/2, par. 11-139)
Sec. 11-139.
Widow's annuity-Present employees and future entrants-Death in
service before 65.
The widow of an employee whose death occurs in service before age 65
shall be entitled to an annuity of an amount provided on a single life
annuity basis from the total sum accumulated to his credit for age and
service annuity and widow's annuity, plus the credit as of the date of
death in the service for prior service annuity, and widow's prior service
annuity if he was a present employee; but no part thereof representing
contributions by the city shall be used to provide an annuity in excess of
that which she would have had if the employee had lived and remained in
service at the rate of his final salary until he became age 65, and the
widow's annuity were fixed on a reversionary annuity basis as provided in
this Article. The annuity shall be computed as of the date of the
employee's death.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-140) (from Ch. 108 1/2, par. 11-140)
Sec. 11-140.
Widow's annuity-Present employees and future entrants-Withdrawal
after age 60 but before 65.
The widow of an employee who attains age 60 or more but less than age 65
in service and who withdraws from service shall be entitled, after his
death, to an annuity fixed as of the date of withdrawal.
The annuity shall be the amount provided on a reversionary annuity basis
from the total sums accumulated to his credit for widow's annuity and (if
he was a present employee) widow's prior service annuity as of the date of
withdrawal.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/11-141) (from Ch. 108 1/2, par. 11-141)
Sec. 11-141.
Widow's annuity - Present employees and future
entrants - Withdrawal after age 55 but before 60.
The widow of an employee who, (1) attains age 55 or more but less
than age 60 in service, and (2) has served 10 or more years and (3)
withdraws from service, shall be entitled after his death to an annuity
fixed as of the date of withdrawal.
The widow is entitled to receive the amount provided on a
reversionary annuity basis from the total sum accumulated to the
employee's credit on the date when the annuity was fixed, as follows:
(1) If service is 20 or more years, the total credits for widow's
annuity and in addition, if he was a present employee, the total credits
for widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for widow's annuity from employee contributions and 1/10 of the
total credits for widow's annuity from city contributions for each year
of service after the first 10 years, including for the widow of a
present employee 1/10 of the total credits for widow's prior service
annuity from city contributions for each year of service after the first
10 years.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/11-142) (from Ch. 108 1/2, par. 11-142)
Sec. 11-142.
Widow's annuity - Present employees and future
entrants - Withdrawal before age 55.
The widow of an employee who withdraws after 10 or more years of
service before age 55 and later attains such age while not in service,
shall be entitled after his death to an annuity fixed on the date the
employee becomes age 55.
The widow shall be entitled to an amount provided on a reversionary
annuity basis from the following sums accumulated to his credit on the
date when the annuity is fixed:
(1) If service is 20 or more years, the total credits for widow's
annuity and, in addition, if he was a present employee, the total
credits for widow's prior servi |